Benton v. Abston

Nichols, Presiding Judge.

Joseph F. Abston sued Preston Benton in the Superior Court of C'atoosa County for damages allegedly resulting from injuries sustained while riding in an automobile owned by the defendant Preston Benton, and driven by his minor son, Lebrón Benton, when the automobile got out of control and left the highway. The defendant filed a purely defensive answer which denied all material allegations of the petition, but failed to pray for any affirmative relief. Thereafter, plaintiff, without first obtaining leave of the court, voluntarily dismissed said suit by directing the…