State v. Jenkins

The question presented by this appeal is important, as it is one of practice and liable to arise at any time in the prosecution of suits. Simply hut precisely stated, it is whether a plaintiff can, after the Court has announced a decision sustaining a demurrer to a pleading, which, in effect defeats the plaintiff’s action, and the entry of demurrer sustained has been made on the docket, but has not been followed by formal judgment for the defendant, dismiss or discontinue his suit; and if, having done so, he brings another suit on the same cause of action, against the same parties, whether…