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Home » Law Dictionary » D » DISMISSAL

DISMISSAL

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

When a judge dismisses a case, typically when a plaintiff fails to appear to prosecute the case.

Law Dictionary – Alternative Legal Definition

The dismissal of an action, suit, motion, etc., is an order or judgment finally disposing of it by sending it out of court, though without a trial of the issues involved. Frederick y. Bank, 106 HI. 149; Dowllngv. Polack, 18 Cal. 627; Brackenridge v. State 27 Tex. App. 513, 11 S. W. 630, 4 L. R. A. 360. Dismissal agreed. A dismissal entered in accordance with the agreement of the parties, amounting to an adjudication of the matters in dispute between them or to a renunciation by the complainant of the claims asserted in his pleadings. Root v. Water Supply Co., 46 Kan. 183, 26 Pac 398; Lindsay v. Allen, 112 Tenn; 687. 82 S. W. 171. See Haldeman v. U. S. 91 U. S.. 586, 23 L. Ed. 433. Dismissal without prejudice. Dismissal of a bill in equity without prejudice to the right of the complainant to sue again on the same cause of action. The effect of the words “without prejudice” is to prevent the decree of dismissal from operating as a bar to a subsequent suit. Lang v. Waring.

Related Posts:

  • SUMMING UP
  • CONDITIONAL DISMISSAL
  • MISTRIAL
  • CASE
  • FAILURE TO STATE A CLAIM
  • MOTION

Filed Under: D

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