Ex Parte in the Matter of Skinner & Eddy Corp.
265 U.S. 86 (1924)

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U.S. Supreme Court

Ex Parte in the Matter of Skinner & Eddy Corp., 265 U.S. 86 (1924)

Ex Parte in the Matter of Skinner & Eddy Corporation

No. 28, Original

Argued, on return to rule to show cause, April 14, 1924

Decided May 12, 1924

265 U.S. 86

PETITION FOR A WRIT OF MANDAMUS OR PROHIBITION

TO THE COURT OF CLAIMS

1. The right of a plaintiff to dismiss a suit, if it exists, is absolute, independent of the reasons offered, and not affected by concealment or misstatement of reasons. P. 265 U. S. 93.

Page 265 U. S. 87

2. The rule of the federal courts at law and in equity governing the right of a plaintiff to dismiss without prejudice should obtain in the Court of Claims. Pp. 265 U. S. 92, 265 U. S. 94.

3. A plaintiff in the Court of Claim may dismiss without prejudice when the government has filed no counterclaim, and will not be prejudiced, legally, by the dismissal. Id.

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