EXUM, Justice.
I
The Court of Appeals held it proper for the trial court to set aside plaintiff's attempted voluntary dismissal under General Statute 1A-1, Rule 41(a)(1) [hereinafter Rule ___]. This much of its decision is correct.
This statement of our practice as it existed before the adoption of present Rule 41 occurs in 2 McIntosh, North Carolina Practice and Procedure § 1645 (2d ed. T. Wilson and J. Wilson 1956):
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