General Motors Corp. v. Jenkins

Quillian, Judge.

Code § 3-510 (now repealed but in effect in the case sub judice) provides in part: “The plaintiff in any action, in any court, may dismiss his action either in vacation or term time, if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, and if done in term time, the clerk of court or justice of the peace shall enter such dismissal on the docket.”

Therefore, the question for determination is whether the plaintiff’s voluntary dismissal of the petition at this stage of the proceedings would prejudice any right of the defendant. The decision of this court in the prior…