Legal Opinion
Waldor v. Waldor
Supreme Court of Georgia
Decided January 4, 1962No. 21444PublishedCited by 13 opinions
1Opinion of the Court
Mobley, Justice.
1. “The plaintiff in any action, in any court, may dismiss his action either in vacation or term time, if he shall not thereby prejudice any right of the defendant. . .” Code § 3-510. No defensive pleadings having been filed by the defendant, none of his rights were prejudiced by plaintiff’s dismissal of her action. The dismissal of plaintiff’s petition removed the case from the court. Harris v. Hines, 59 Ga. 427; Spence v. Dyal, 202 Ga. 739 (44 SE2d 658). “After . . . dismissal, there is no case in court (Whatley v. Slaton, 36 Ga. 653 (2); Davenport v. Hardman, 184 Ga. 518…
2Cases cited30 opinions
- Dix v. DixSupreme Court of Georgia · 1909
- Bowen v. WyethSupreme Court of Georgia · 1904
- Watts v. WattsSupreme Court of Georgia · 1908
- Jones v. JonesSupreme Court of Georgia · 1936
- Deen v. Baxley State BankSupreme Court of Georgia · 1941
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pekor v. ClarkSupreme Court of Georgia · 1976
- Dunn v. DunnSupreme Court of Georgia · 1965
- Hicks v. HicksSupreme Court of Georgia · 1970
- United States Fidelity & Guaranty Co. v. DunbarCourt of Appeals of Georgia · 1965
- Cranman Insurance v. Wilson Marine Sales & Service, Inc.Court of Appeals of Georgia · 1978
8 more not listed; retrieve them via the Exa API.