Davant v. City of Brooksville

Chillingworth, Circuit Judge.

This appeal presents the right of a plaintiff in an equity suit to dismiss the suit without prejudice.

Under date of December 23, 1930, the plaintiff, a municipal corporation, filed a bill to foreclose certain alleged, paving assessment liens. An order entered by the Chancellor, overruling a demurrer to the bill, was reversed by the Supreme Court. Davant v. City of Brooksville, 144 So. 666, 107 Fla. 292. In due course the bill was amended. An amended answer was filed September 3, 1934. Plaintiff’s motion to strike portions of the amended answer was filed September…