46 Iowa 118 | Iowa | 1877
Section 2844 of the Code provides that an action may be dismissed by the plaintiff before the final submission of the case to the jury, or to the court, when the trial is by the court.
A cause is not finally submitted to the jury when the last word of the charge is read. In practice, the jury are directed by the court to retire in charge of a sworn officer to consider of their verdict, or to enter upon the consideration of the case without retiring.
This direction by the court to the jury to enter upon the consideration of the case may fairly be regarded as the mo
Affirmed.