Nickerson v. Peery

Action for damages caused by the fall of a bridge. Defendant Ramsey successfully demurred to the petition. What was then done, whether judgment was entered on the demurrer, or whether plaintiff asked leave to plead over, does not appear. Peery was unsuccessful.with his demurrer; thereupon he answered. Then the cause came on *78for trial against both defendants. At this juncture, the record makes the following recitals:

“Now, at this day, comes the plaintiff by his attorney, and voluntarily takes nonsuit with leave to move to set the same aside.

“It is, therefore, ordered and' adjudged by the court…