Lamb v. Greenhouse

Citations

• 59 Pa. Super. 329

Syllabus

<p>Practice, C. P. — Discontinuance of suit — Counterclaim—Rules of court.</p> <p>1. A rule of court which provides that “If, in any ease in which the defendant sets up a counterclaim for which he might have a certificate in his favor, the action of the plaintiff is stayed, discontinued, or a voluntary nonsuit suffered, the counterclaim may, nevertheless, be proceeded with,” is a valid rule applicable to a case where the plaintiff, without leave of court, enters a discontinuance in the prothonotary’s office, and pays the costs.</p> <p>2. The plaintiff in a cause has no absolute right, either at common law or by statute to discontinue. It is a privilege, the exercise of which must in some way have the express or implied sanction of the court, and which the court may grant or refuse at its discretion.</p> <p>3. Granting or refusing leave to discontinue being a matter subject to the discretionary control of the court, and not a matter of statutory right, it is subject to reasonable regulation by a general rule of court.</p>