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BURLING v. BURLING

275 Wis. 612 (1957)

BURLING, Respondent, vs. BURLING, Appellant.

Supreme Court of Wisconsin.

May 7, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by A. D. Sutherland of Fond du Lac.

For the respondent there was a brief by Lehner & Lehner of Princeton, and oral argument by Philip Lehner, Sr.

FAIRCHILD, J.

At common law, and in early years under the code, a plaintiff had the absolute right to discontinue an action before or after issue joined and without leave of court. Bertschy v. McLeod, 32 Wis. 205, 210. Later decisions, however, recognize certain qualifications upon plaintiff's right to discontinue. Leave to discontinue may be denied, in the discretion of the court, if the rights of defendant, third parties, or the public will be substantially...

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