American Zylonite Co. v. Celluloid Manuf'g Co.
U.S. Circuit Court for the District of Southern New York
Ill Equity. Prior to the term, the complainant, without application to the court, entered a rule in the common rule book discontinuing the canse on pay-' ment of costs.
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Ill Equity. Prior to the term, the complainant, without application to the court, entered a rule in the common rule book discontinuing the canse on pay-' ment of costs. The defendant, having printed its proofs, placed the cause upon the calendar, and, when it was reached on the regular call, insisted that it should be argued or dismissed upon the merits; that the complainant could not, without the consent of the defendant or the court, discontinue an action in equity; and that it was discretionary with Hie court to grant or refuse such permission. The court'adopted the view that the cause was…
1Opinion of the CourtCoxe, J.
The ex parle entry in the rule-book was a nullity. A complainant in an equity action cannot in this manner discontinue the suit. An order of the court is necessary. Conner v. Drake, 1 Ohio St. 170. The right, however, of a complainant to dismiss a bill before hearing,, *810whore the defendant has acquired no substantive rights, is well nigh absolute. It must be an extraordinary case where the court refuses to exercise its discretion. Railroad Co. v. Rolling-Mill Co., 109 U. S. 702, 713, 3 Sup. Ct. Rep. 594; Stevens v. Railroads, 4 Fed. Rep. 97.
I have examined the defendant’s record sufficiently…
2Cases cited2 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Brush v. ConditU.S. Circuit Court for the District of Southern New York · 1884
3Cited by8 opinions
- Jones v. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1935
- Morton Trust Co. v. KeithU.S. Circuit Court for the District of Massachusetts · 1907
- Cowham v. McNiderDistrict Court, E.D. Michigan · 1919
- Young v. J. Samuels & Bro., Inc.District Court, D. Rhode Island · 1916
- Smith v. MilhamSupreme Court of Florida · 1927
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