Lawson v. Moore

DOBIE, District Judge.

This action was brought by an infant plaintiff in the State Court to recover $10,000 damages for injuries alleged to have been sustained in an automobile accident. The case was duly and properly removed by the defendants to the United States District Court for the Western District of Virginia.

On the first day of the term in the Federal Court at which the case might have been tried, and after the case had been duly pleaded to issue, a motion was filed by the plaintiff for permission to dismiss the action without prejudice.

A dismissal under such circumstances under Rule…