Sink v. . Hire

No rights of the defendants having attached by plea, decretal order, verdict, or otherwise, it would seem the court’s refusal to allow the plaintiffs to suffer a voluntary nonsuit is at variance with the practice established by a number of decisions. Oil Co. v. Shore, 171 N. C., 51, 87 S. E., 938; Olmsted v. Smith, 133 N. C., 584, 45 S. E., 953; Pass v. Pass, 109 N. C., 484, 13 S. E., 908; Bynum v. Powe, 97 N. C., 374, 2 S. E., 170; Graham v. Tate, 77 N. C., 120. In the absence of some right attaching which the defendant is entitled to have determined in the action, it is generally understood…