Wright v. United Gas Public Service Co.

LAND, Justice.

The defendant United Gas Public ServT ice Company filed an exception of nonjoinder which was sustained by the trial judge.

Before the judgment sustaining the exception had been read and signed in open court, counsel for plaintiffs filed a motion for a new trial, and then moved to dismiss the action as of nonsuit, and the trial judge complied with the request. From this judgment, the defendant has appealed.

The sole issue in the case, therefore, is whether the court may allow a plaintiff to take a voluntary nonsuit after an' exception of nonjoinder has been sustained but before the…