Sgobel & Day v. Craven

DIETRICH, District Judge.

Defendant in error brought an action at law in the state court for recovery of money on contract, and by the plaintiff in error it was removed to the federal court. The record of removal was filed on December 15, 1925, and on the same day the plaintiff below filed a motion for a dismissal without prejudice. The motion was continued to January 4,1926, upon which day it was duly submitted, and was allowed. At the same time defendant below filed an answer to the complaint, incorporating therein a counterclaim. Upon allowing the motion to dismiss, the court “ordered and…