Boland v. Reiley, Carlton Hendon

Opinion by

LOGSDON, C.

Numerous errors are assigned by plaintiff in error, but in the view taken of the case here it will only be necessary to consider the fourth and fifth assignments, which aillege that the judgment is contrary to the evidence and contrary to law.

It appears that the original action, was commenced by Ola Patrick in the district court of Pottawatomie county, April 16, 1922. On April 25, 1922, Ola Patrick filed in the clerk’s office in writing a dismissal of Said cause with prejudice, without notice to her attorneys of such action on her part. On. April 29, 1922, the defendants…