State Ex Rel. Strong v. Cook

The question here is whether there was a final submission to the court of common pleas of the cause pending before it. If there was not, the plaintiff could voluntarily dismiss his action without prejudice to a new action, under the following section of the General Code:

Section 11586. “An action may be dismissed without prejudice to a future action: 1. By the plaintiff, before its final submission to the jury, or to the court, when the trial is by the court.” The succeeding subdivisions of that section provide for dismissal by the court, or by the plaintiff, in vacation. This dismissal was…