Jamison v. Fullerton

TRIEBER, District Judge.

This is a motion by the defendants to set aside an order of the court permitting the plaintiff to dismiss his complaint without prejudice. The facts, as they appear from the evidence, and also based upon the recollection of the court, the same judge presiding when the leave to dismiss was granted, who is now hearing this motion, are as follows:

The action was instituted in one of the chancery courts of the state of Arkansas, on the 20th day of January, 1921, and by amendment shortly thereafter against all the defendants, except the defendant S. H. Fullerton. Upon the…