138 Ga. 665 | Ga. | 1912
(After stating the facts.) A petitioner may dismiss his petition at any time, either in term or vacation, so that he does not thereby prejudice any right of the defendant. If claims by way of set-off or otherwise have been set up by the answer, the dismissal of the petition shall not interfere with the defendant’s right to a hearing and trial on such claims in that proceeding. Civil Code, § 5548. The petition, among other things,
Judgment affirmed.