Brown v. Pfouts

Bonner, Associate Justice.

As a general rule of practice, where the defendant, as in this case, reconvenes, the plaintiff will not be permitted to take a voluntary nonsuit, to the prejudice of the right of the defendant to an adjudication upon the matters contained in his plea in reconvention. Egery v. Power, 5 Tex., 501; Bradford v. Hamilton, 7 Tex., 57; R S., art. 1260.

All the cases, however, to which our attention has been called, are those in which the objection was taken at the time the nonsuit was asked.

It does not appear but that the nonsuit as to Brown in this case was taken when the…