Stevens v. The Railroads

Hahmond, D. J.

Those causes were called for trial at tlie regular call of the docket, and set for hearing, by consent of parties, for September 6, 1880. On that day the plaintiffs moved to dismiss their suits upon payment of the costs, “with*98out prejudice to the bringing of another suit, at law or in equity, concerning any of the matters involved therein.” The defendants resist this motion, and deny that the plaintiffs can dismiss at all, because by the record it appears that they have acquired rights by the defences they set up, as against these plaintiffs, which would be prejudiced by the…