State Ex Rel. Crickett v. Pitchford

Citations

• 171 P. 448
• 68 Okla. 81
• 1918 OK 115
• 1918 Okla. LEXIS 292

Syllabus

<p>(Syllabus.)</p> <p>1. Dismissal — Voluntary “Dismissal” — Payment of Costs.</p> <p>Under section 5126, Rev. Laws 1910, the plaintiff has the right, upon payment of costs, to dismiss his action without an order of court any time before the trial has commenced. But the filing of the praecipe without paying the costs does not constitute a dismissal of the action.</p> <p>2. Mandamus — Entry of Judgment.</p> <p>After the mandate of this court was received and spread of record in the trial court, plaintiff filed a praecipe for dismissal of the case, but did not pay the costs. The 'court refused to render judgment in obedience to the mandate, treating the case as automatically dismissed upon filing of the praecipe. Held, the action not having been dismissed by filing the praecipe without paying the costs, mandamus will lie to compel the trial court to enter judgment in obedience to the •mandate.</p>