General Motors Corp. v. Jenkins

Since this dissent marks the fourth point of view on this case, it will be well first to state the positions on which all the judges are in agreement. We are all of the opinion that the core question is whether this case was in fact pending or whether it was already defunct at the time when *534the plaintiff filed his voluntary dismissal. We agree that if at the time the trial court finally overruled the general demurrers on June 29, 1967, from which order this appeal was taken, there was any amendment not previously passed on, which was not filed too late to be considered, and which in fact…