Clemmons v. Life Insurance Co. of Georgia

It is a generally recognized principle of English-American law that a plaintiff is not bound to prosecute his action to a finish merely because he has begun it, but may, up to some point in the litigation, abandon his action without losing his right to come back on another day. The sole question presented by this appeal is whether plaintiff’s voluntary nonsuit in this case was taken in apt time to entitle him to judgment of nonsuit as a matter of right.

While under the practice in a number of jurisdictions a plaintiff may no longer take a voluntary nonsuit after the jury has retired to…