Simpson v. Brock
| Decision Date | 11 December 1901 |
| Citation | 114 Ga. 294,40 S.E. 266 |
| Parties | SIMPSON v. BROCK. |
| Court | Georgia Supreme Court |
DISMISSAL OF ACTION—REINSTATEMENT. When a plaintiff, by his counsel, voluntarily dismisses his petition, whether for a good or a bad reason, the court has no authority, over objection by the defendant to reinstate the action. (Syllabus by the Court.)
Error from superior court, Haralson county; C. G. Janes, Judge.
Action by W. Brock against A. J. Simpson. From an order reinstating the case after dismissal, defendant brings error. Reversed.
Head & Head, for plaintiff in error.
S. L, Craven, for defendant In error.
The case of Brock against Simpson came on to be heard in the superior court of Haralson county, was dismissed, and during the same term, over the defendant's objection, reinstated. The motion to reinstate was. based on the grounds that the case was called out of its order for trial; that the plaintiff, for reasons assigned, was unavoidably absent; and that because of his absence his counsel was unable to prove certain facts essential to the maintenance of his action. It affirmatively appears, however, that the case was dismissed "on motion of plaintiff's counsel." It is inferable that counsel took this step in order to prevent a verdict for the defendant The fact nevertheless remains that the act of dismissing the case was that of the plaintiff's own counsel, and, this being so, it is obvious that the court had no authority to reinstate the case over the defendant's objection. Had the court improperly dismissed the action, the question would be entirely different; but the plaintiff, through his counsel, having taken his own case out of court, whether for a good reason or a bad one, the matter was at an end, and the judge bad no further power over it.
Judgment reversed. All the Justices concurring.
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Bowman v. Bowman
...L. Moore, Atty. for Fred E. Bowman." Counsel say in their brief that this dismissal was entered on the orginal caveat. In Simpson v. Brock, 114 Ga. 294, 40 S.E. 266, it was said that "When a plaintiff, by his counsel, voluntarily dismisses his petition, whether for a good or a bad reason, t......
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Bowman v. Bowman
... ... L. Moore, ... Atty. for Fred E. Bowman.' Counsel say in their brief ... that this dismissal was entered on the orginal caveat. In ... Simpson v. Brock, 114 Ga. 294, 40 S.E. 266, it was ... said that 'When a plaintiff, by his counsel, voluntarily ... dismisses his petition, whether for a ... ...
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Bufford v. Farmers and Merchants Bank
...Trusco Finance Co. v. McGee, 206 Ga. 382, 384, 57 S.E.2d 184.' Waldor v. Waldor, 217 Ga. 496(1), 123 S.E.2d 660. See also Simpson v. Brock, 114 Ga. 294, 40 S.E. 266; and Petty v. Piedmont Fertilizer Co., 146 Ga. 149, 90 S.E. 4. The trial court was without authority to reinstate the case onc......
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Stewart v. Hasty, 31881.
...or a bad reason, the court has no authority (or discretion), over objection by the defendant, to reinstate the action." Simpson v. Brock, 114 Ga. 294, 40 S.E. 266; Petty v. Piedmont Fertilizer Co., 146 Ga. 149, 150, 90 S.E. 966. In such event it follows that "where the plaintiff fails in th......