Jones v. Sammon

Appellate Terms of the Supreme Court of New York

Jones v. Sammon

123 N.Y.S. 249

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 24, 1910

StatusPublished

This text of 123 N.Y.S. 249 (Jones v. Sammon) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Sammon, 123 N.Y.S. 249 (N.Y. Ct. App. 1910).

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Opinion

_ SEABURY, J.

Before this cause was finally submitted, the plaintiffs asked leave to discontinue. It was the plaintiffs’ right to have this motion granted, with costs against them, and without prejudice to the right to bring a new action. Section 248 of the Municipal Court Act (Laws J902, c. 580). The learned court below, instead of granting the motion, awarded judgment on the merits for the defendant.

The judgment is reversed, with costs to the appellants, and the action dismissed, with costs against the plaintiffs, and without prejudice to the right to bring a new action. All concur.

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_ SEABURY, J.

Before this cause was finally submitted, the plaintiffs asked leave to discontinue. It was the plaintiffs’ right to have this motion granted, with costs against them, and without prejudice to the right to bring a new action. Section 248 of the Municipal Court Act (Laws J902, c. 580). The learned court below, instead of granting the motion, awarded judgment on the merits for the defendant.

The judgment is reversed, with costs to the appellants, and the action dismissed, with costs against the plaintiffs, and without prejudice to the right to bring a new action. All concur.

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Bluebook (online)

123 N.Y.S. 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-sammon-nyappterm-1910.