1 Iowa 421 | Iowa | 1855
When a defendant claims a set-off, or sets up a cross claim, or demand, the suit cannot be dismissed, so as to deprive -him of his right to be heard in his cross action. This is in the nature of a suit brought, upon which he has a right to proceed, though the plaintiff may dismiss his part of the case. We are aware of no rule, however, that will prevent a plaintiff from submitting to a voluntary nonsuit at any time before trial, so far as his claim is concerned. When he so submits, he, of course, is liable for all costs; and if his suit has been vexatious, he may be
As to the general right of a ¡Darty to submit to a nonsuit, see Berry v. Savage et al., 2 Scam. 262; Tones v. Fenimore, 1 G. Greene, 145; McCredy v. Fey, 7 Watts, 496; Eastern Bank v. Coryell, 9 Watts & Sergeant, 158.
Judgment reversed.