Cooke v. McQuaters

Citations

• 19 S.D. 361
• 103 N.W. 385
• 1905 S.D. LEXIS 47

Syllabus

<p>1. An order sustaining a demurrer and granting leave to file an amended complaint was not a final judgment, and the plaintiff could dismiss his action, notwithstanding the order, at any time before final judgment was entered, where no counterclaim had been interposed, or any special injury shown as resulting therefrom to the defendant.</p> <p>2. Whether an action shall be dismissed with or without prejudice rests in the discretion of the trial court.</p>