Corbin v. Goepper

Hutcheson, Justice.

1. The direction of a plaintiff’s counsel, by letter to the clerk of the court, in which the cause is pending, authorizing the clerk to dismiss the case upon the happening of a certain contingency, or upon a certain condition, is binding upon the plaintiff, though he did not know of such dismissal, and consequently did not authorize it; provided the dismissal is not such that it amounts to a retraxit. Especially is this true where it is acted upon by the defendants. Code, § 9-605; Stone Mountain Confederate Monumental Asso. v. Smith, 170 Ga. 515 (153 S. E. 209); Lovelace v.…