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" An action may be dismissed without prejudice to a future action. 1. By the plaintiff before the final submission of the case to the jury, or to the court, where the trial is by the court. "
Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio ... - Page 364
by William John Tossell - 1918
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...judgment is proper. § 412. An action may be dismissed, without prejudice to a future action — 1 . By the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court. 2. By the court, where the plaintiff fails to appear on the trial....
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...judgment is proper. §412. An action may be dismissed, without prejudice to a future action — 1 . By the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court. 2. By the court, where the plaintiff fails to appear on the trial....
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...judgment may be proper. SEC. 3. An action may be dismissed without prejudice to a future action : 1. By the plaintiff, before the final submission of the case to the jury or to the court, where the trial is by the court. 2. By the court, where the plaintiff fails to appear on the trial....
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859 - 726 pages
...action mav be dismissed, without prejudice to a Bv»ho»udfor J fa wliv. ume. future action : First, By the plaintiff, before the final submission of the case to the jury, or to the court, where the trial is by the court. Second, By the court, where the plaintiff fails to appear on the trial....
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Session Laws

North Dakota - Session laws - 1862 - 640 pages
...or defendants served. SECT. 386. An action may be dismissed without prejudice to a future action. 1. By the plaintiff before the final submission of the case to the jury, or to the court, where the trial is by the court. 2. By the court, where the plaintiff fails to appear on the trial....
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 26

Iowa. Supreme Court - Law reports, digests, etc - 1869 - 656 pages
...dismissal shall be without preju2. — nonsuit, dice to a future action : first, by the plaintilf before a final submission of the case to the jury, or to the court when the trial is by the court." * * * Construing these sections, and those relating to interrogatories, together, we hold, that section...
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A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in ...

Ransom Hebbard Tyler - Adverse possession - 1870 - 982 pages
...Code, §§ 93, 111.) And the plaintiff may strike from his petition any cause of action, at any time before the final submission of the case to the jury, or to the court when the trial is by the court. (Civil Code, § 112.) The plaintiff's petition must be in the form prescribed in other actions, and...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - Law - 1870 - 808 pages
...J§EC. 424. An action maybe dismissed without preiuifamased. ' r Tl dice to a future action. First, By the plaintiff, before the final submission of the case to the jury, or to the court, where the trial is by the court. Second, By the court, where the plaintiff fails to appear on the trial....
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 79

Ohio. Supreme Court - Law reports, digests, etc - 1909 - 616 pages
...ten dollars interest on the incumbrance, without prejudice. Code, Section 2844, provides that actions may be dismissed 'by the plaintiff before the final submission of the Opinion of the Court. case to the jury, or to the court, when the trial is by the court.' This is construed...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...BE DISMISSED WITHOUT PREJUDICE. An action may be dismissed without prejudice to a future action : 1. By the plaintiff before the final submission of the case to the jury, or to the court, where the trial is by the court. 2. By the court, where the plaintiff fails to appear on the trial....
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