Mercer v. Equitable Life Assur. Soc. of United States

CAYTON, Chief Judge.

The single question on this appeal is whether the trial court improperly refused to allow plaintiff a voluntary dismissal without prejudice. The action filed in August 1947 was on a life insurance policy. Defendant filed an answer denying liability. In May 1948 present counsel for plaintiff came into the case taking the place of the attorney who had filed the suit. In May 1948 he filed a motion for a voluntary non-suit or dismissal of the action, which mo-*208lion stated no grounds for the relief sought. It was overruled. It was re-presented by motion for rehearing, which was…