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EX PARTE GREEN

1 Div. 925.

131 So.2d 705 (1961)

Ex parte P. A. GREEN.

Supreme Court of Alabama.

June 22, 1961.

Attorney(s) appearing for the Case

Barnard & Barnard, Birmingham, for petitioner.

Sullivan & Cameron, Mobile, for respondent.

PER CURIAM.

The statement of the case is contained in the dissenting opinion of the Chief Justice.

Section 258 of Title 7, Code of Alabama 1940, provides:

"§ 258. Dismissal.—The plaintiff may dismiss his suit at any time, by causing the clerk to make on the docket an entry of dismissal. When the summons has been executed, notice must be given to the defendant of the intended dismissal."

Relying on the provisions of the foregoing...

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