Turner v. Pope Motor Car Co.

Citations

• 79 Ohio St. (N.S.) 153

Syllabus

<p>Plaintiff cannot dismiss his action — After final submission to court— Section 5314, Revised 'Statutes — Court procedure.</p> <p>1. Under favor of subdivision one (1) of Section 5314, Revised Statutes, the plaintiff cannot as a matter of right dismiss his action after the final submission of the case to the court.</p> <p>2. Where the plaintiff has introduced his evidence and rested, and each of the defendants has moved the court for a directed verdict on the ground that the plaintiff has failed to make a case for the jury, upon which motions the cause has been submitted to the court and its conclusions thereon announced, the plaintiff has not the right to dismiss the action without prejudice to a future action.</p>