57 Iowa 430 | Iowa | 1881
The statute provides: “An action .may be dismissed, and such dismissal shall be without prejudice to a future action.” “By the plaintiff before the final submission of the case to the jury * * ” Code, section 2844. In Hanis v. Beam, 46 Iowa, 118, it was held a cause was not finally submitted to the jury until they had been directed to enter upon the consideration of the case. In the present case the plaintiff offered to dismiss before the jury had been instructed. No matter if the court had indicated what the instructions would be, for it is possible the court might change its mind and the plaintiff had the right to take his chances in that respect. What the instructions would be could only be known after they were read to the jury.
Reversed.