Jones v. Kennedy
Jones v. Kennedy
Opinion of the Court
delivered the opinion of the court.
So far as we can gather from the record, the plaintiffs [appellants] had, at the January term, 1902, of the circuit court of Union county, this suit, being an action of assumpsit, there depending and standing for trial, and they also had in the chancery court a suit in regard to the same cause of action against appellees. Conceiving their case in the circuit court unnecessary, they, at said January term, dismissed the same, and an entry upon the minutes was so made. Upon the next day, fearing they had made a mistake in the matter, they moved to set aside the nonsuit, and to reinstate the cáse upon the docket. The court overruled their motion, and hence this appeal. The decision of the circuit court was entirely competent. The pre
Affirmed.
Whitfield, C. J., took no part in tliis decision because of bis connection, before bis appointment to tbe bench, as counsel with an earlier stage of the litigation between tbe parties.
Reference
- Full Case Name
- Leonidas E. Jones v. Florence M. Kennedy
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Dismissal and Nonsuit. Reinstatement of cause. If a plaintiff, having two suits pending on the same cause of action, one at law and the other in equity, dismiss his suit at law, it is not error to deny his application to set aside the dismissal,' although it be made during the term at which the suit was dismissed.