Burling v. Burling

At common law, and in early years under the code, a plaintiff had the absolute right to- discontinue an action before or after issue joined and without leave of court. Bertschy v. McLeod, 32 Wis. 205, 210. Later decisions, however, recognize certain qualifications upon plaintiff’s right to discontinue. Leave to discontinue may be denied, in the discretion of the court, if the rights of defendant, third parties, or the public will be substantially prejudiced by discontinuance. State ex rel. Milwaukee v. Ludwig, 106 Wis. 226, 233, 82 N. W. 158; School District v. Clifcorn, 133 Wis. 465, 467,…