69 So. 603 | Ala. | 1915
This is an original application to this court for a writ of mandamus commanding the special chancellor to make an order dismissing a certain cause heretofore pending in the chancery court of Limestone county, or to malee an order directing the register to strike said cause from the docket as having been previously dismissed by the complainant.
Section 3123 is as follows: “Before an answer or cross-bill is filed, the complainant may, on application to the register in vacation, dismiss the suit. On such application, the register must enter on the minutes an, order of dismissal; and may issue execution against the complainant for all costs which have accrued. After answer or cross-bill filed, the complainant may, on application to the register in vacation, dismiss the suit; and the register must enter an order of dismissal on the minutes. But the defendant, at the next succeeding
Mandamus denied.