Howard v. Bugbee
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. J. W. Lesesne. The bill in this case was filed by the appellee, as a judgment creditor of one Enoch Parsons, to redeem certain lands which had been sold under a decree in chancery. After the defendant had filed an answer, but before any order or decree was taken, the bill was dismissed, on complainant’s oVn motion, and at his cost, but without prejudice ; and this is now assigned for error.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. J. W. Lesesne. The bill in this case was filed by the appellee, as a judgment creditor of one Enoch Parsons, to redeem certain lands which had been sold under a decree in chancery. After the defendant had filed an answer, but before any order or decree was taken, the bill was dismissed, on complainant’s oVn motion, and at his cost, but without prejudice ; and this is now assigned for error. After answer filed, a complainant is not entitled, as a matter of right, to dismiss his bill without prejudice. — Maury v. Mason, 8…
1Opinion of the CourtGoldthwaite, J.
The only question in this case is, as to the right of a sole plaintiff in chancery to dismiss his bill at his own costs, and without prejudice, after answer filed, and before any order or decree is made in the cause.—In Carrington v. Holley, (1 Dick. 280,) after a feigned issue had been directed, it was held by Lord Hardwicke, that the plaintiff might dismiss his bill before trial on the payment of the costs ; and in Dixon v. Parks, 1 Ves. 402, Lord Thurlow said, that to dismiss a bill without costs was a motion of course. In Booth v. Leycester, 1 Keen 247, however, Lord Langdale, the Master…
2Cases cited1 opinion
- Cummins v. BennettNew York Court of Chancery · 1840
3Cited by6 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Long v. AndersonSupreme Court of Florida · 1904
- Griel v. LoftinSupreme Court of Alabama · 1880
- Lanier v. HillSupreme Court of Alabama · 1857
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