Adams v. Lucedale Commercial Co.

Citations

• 113 Miss. 608
• 74 So. 435

Syllabus

<p>1. Equity. Voluntary dismisal. Constitutional and statutory provisions.</p> <p>Under section 802, Code 1906, giving to every plaintiff the absolute right to “suffer a nonsuit,” if he elects to do so “before the jury retire to consider of its verdict,” and section 687 of the same chapter, providing that, “all things contained in this chapter, not restricted by their nature or by express provision to particular courts, shall be the rules of decision and proceeding in all courts whatsoever, “the chancery court and the chancellor is governed by the same rule in regard to “suffering a nonsuit as the circuit court, and the chancellor is not vested with discretionary powers where he is called upon to consider an ap- ■ plication by complainant to discontinue his action.”</p> <p>2. Same.</p> <p>The only limitation of the rule is applied to causes wherein the defendant has secured some right by the filing of the bill which would be destroyed by the dismissal of the bill and even then it is not a matter of discretion with the chancellor, it is a right of the defendant which controls.</p>