Dismiss

To send away; to refuse to entertain further; to send out of court: as, to dismiss a bill in equity for defects in its structure or for insuf&cienoy in law

Borrowed from proceedings in a court of chancery

where the term is applied to the removal of a cause out of court without further hearing. ^ " Dismissed '' refers to the final hearing of a suit ^— the end of the proceeding.^ A bill in equity will be dismissed Where (1) there is a want of certainty in the allegations to show that the plaintiff is entitled to the relief demanded; (2) where the right to relief has been barred by the statute of limitations; (3) where there has been negligence in seeking relief, unexplained by sufficient equitable reasons and circumstances.* After a decree, whether final or interlocutory, has been made, by which the rights of a defendant have been adjudicated, or such proceedings have been taken as entitle him to a decree, the complainant cannot dismiss his bill without the consent of the defendant.* Whenever it becomes apparent to the court that it has no authority to adjudicate the issue presented, its duty is to dismiss the cause. ^ A dismissal for want of jurisdiction does not conclude the plaintiff's right of action.^ See Discohtinu-