Molen v. Denning & Clark Livestock Co.

This case involves the construction of subd. 1 of sec. 7-705, I. C. A. While introducing the evidence for plaintiff and before completion thereof plaintiff’s counsel moved the court to dismiss his action, defendant “objecting to said motion unless the plaintiff move to dismiss with prejudice to the institution of another action.” The court granted the motion to dismiss “with costs” but said nothing about whether the dismissal should be with or without prejudice. Judgment of dismissal was thereupon entered and defendant has appealed and assigns as error, first, that the court had no authority…