Mohler v. Wiltberger

The only question presented by this record is, whether a complainant may, before a hearing, dismiss his bill without prejudice.

We understand the practice to be well settled that the complainant; at any time prior to a decree, has the right, unless a cross-bill has been filed, to control the fortunes of his own bill, and dismiss it, as a matter of course.

After a decree has been rendered, then the complainant cannot dismiss his bill, except by consent, for the reason that after decree others aside from the complainant have a fixed and definite interest in the subject matter in litigation in the…