Judgment that the action be dismissed, without prejudice to a new action, may be entered, with costs, in the following cases:

1. (1) When the plaintiff voluntarily dismisses the action before it is finally submitted.
2. (2) When he or she fails to appear at the time specified in the notice, upon continuance, or within one hour thereafter.
3. (3) When it is objected at the trial, and appears by the evidence that the action is brought in the wrong precinct; but if the objection be taken and overruled, it shall be cause only of reversal or appeal; if not taken at the trial it shall be deemed waived, and shall not be cause of reversal.

[ 2010 c 8 s 3034; Code 1881 s 1780; 1873 p 348 s 79; 1863 p 349 s 61; 1854 p 236 s 80; RRS s 1857.]