65 Iowa 533 | Iowa | 1885
II. After the case had been submitted to the court, the plaintiff asked and obtained leave to file an amendment to his petition, and then asked to dismiss the cause without prejudice, which was. denied him. The correctness of the abstract as to these facts is not disputed. The plaintiff, as is shown in the abstract, filed an affidavit supporting a request to be permitted to introduce additional testimony in his behalf, which was refused. The statement of the abstract, as to these matters, is denied by defendants. These rulings are complained of by plaintiff.
The decree of the circuit court is reversed, and the cause is remanded for an order in the court below, dismissing the action without prejudice to the rights of any of the parties.
Reversed.