Alcorn v. Ward Co.

Citations

• 262 Pa. 136
• 104 A. 893
• 1918 Pa. LEXIS 606

Syllabus

<p>Equity — Equity practice — Withdrawal of hill — Payment of costs —Effect of discontinuance of suit — Subsequent action at law.</p> <p>1. It is a general rule in a court of chancery that a complainant may move to dismiss his own bill with costs, at any time before the decree, and it is a matter of course to permit him to dismiss it. When the bill has been dismissed and the costs paid, the suit is terminated, and no further proceedings may be had therein.</p> <p>2. Where in a suit in equity for an accounting the bill has been withdrawn by leave of court and the costs have been paid by plaintiff to defendant and thereafter plaintiff brings, an action at law on the same cause of action, the defendant has no standing to maintain a petition entitled in the former equity suit for an order enjoining the plaintiff from proceeding in his action at law, and such petition was properly dismissed.</p>