MERWIN v. IDEAL CEMENT CO.

No. 17157.

263 P.2d 1021 (1953)

128 Colo. 503

MERWIN v. IDEAL CEMENT CO.

Supreme Court of Colorado, En Banc.

November 30, 1953.


Attorney(s) appearing for the Case

Jack Merwin, Florence, for plaintiff in error.

Mitchell Benedict, Denver, for defendant in error.


HOLLAND, Justice.

This writ of error involves a question of the voluntary and involuntary dismissal of an action, and involves rules 41(a) and 41 (b), R.C.P.Colo. Rule (a) concerns voluntary dismissal by plaintiff or by stipulation; rule (b) has to do with involuntary dismissal at the instance of the court or defendant.

This action, involving a judgment for only $31.49, finds its way here by the following circumstances: On August 28, 1952, plaintiff in error...

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