AYERS v. CONSER

No. 9.

26 F.Supp. 95 (1938)

AYERS v. CONSER et ux.

District Court, E. D. Tennessee.

December 10, 1938.


Attorney(s) appearing for the Case

John Jennings, Jr., of Knoxville, Tenn., for plaintiff.

J. H. Hodges, of Knoxville, Tenn., for defendants.


TAYLOR, District Judge.

This case is before me for action on a number of motions.

A motion to require the plaintiff to pay the costs of a prior action voluntarily dismissed wherein the cause of action and the parties were the same as in this case. This motion is addressed to the sound discretion of the court. Rules of Civil Procedure for District Courts, rule 41(d), 28 U.S.C.A. following section 723c. It appearing in open court by statements of counsel for...

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