Harris v. Robertson

Nichols, Judge.

1. The contention was made in the plaintiff’s motion to set aside the verdict and judgment against him that his voluntary dismissal of his action carried with it the defendant’s cross-action, and since this appears upon the “face of the record” that it was error to deny his motion.

*342in support of this contention the plaintiff relies on Holloway v. Dorsey, 72 Ga. App. 1 (32 S. E. 2d 858). In that case the demurrers to the cross-action were not ruled on so'as to become the law of the case, and the decision by this court was based on the fact that the “cross-action” was an attempt…