199 Mass. 116 | Mass. | 1908
After the case had been opened, and evidence offered which was excluded, the plaintiff represented to the single justice that she did not desire to prosecute further, and moved for a decree dismissing the bill without prejudice. This motion having been denied, a decree was ordered dismissing the bill with costs, and affirming the decree of the Court of Insolvency. The question is, whether, as matter of law, the plaintiff’s motion should have been granted without modification. It may be conceded, if the suit is treated as an original bill for
¡Exceptions overruled.