NAYLOR v. EASTMAN NAT. BANK

NAYLOR v. EASTMAN NAT. BANK
1924 OK 1090
232 P. 73
107 Okla. 208
Case Number: 12981
Decided: 12/02/1924
Supreme Court of Oklahoma

NAYLOR
v.
EASTMAN NAT. BANK.

Syllabus

¶0 Dismissal--Voluntary Dismissal by Plaintiff.
By virtue of section 665, Comp. Stat. 1921, the plaintiff may, without leave of court but upon payment of costs, dismiss his civil action at any time before judgment has been rendered therein, provided his adversary has filed no pleading therein seeking affirmative relief. This the plaintiff may do by filing in such case his written and signed statement that he does so dismiss and thereupon such dismissal is immediately effective without any order of dismissal being made by the court.

W. A. Sipe, Jr., for plaintiff in error.
G. A. Chappell, for defendant in error.