Dismiss

To remove. To send out of court. Formerly used in chancery of the removal of a cause out of court without any farther hearing. The term is now used in courts of law also. It signifies a final ending of a suit, not a final judgment on the controversy, hut an end of that proceeding; Taft v. Transp.

Co., 56 N. II. 417; Conner v. Drake, 1 Ohio St. 170.

It is well settled that the judgment of a court dismissing a suit for want of jurisdiction does not conclude the plaintiff's right of action: Smith v. Mc Neal, 109 U. S. 429, 3 Sup. Ct. 319, 27 L. Ed. 986. After a decree, whether final or in' Utory, has been made by which the rights of a party defendant have been adjudica such proceedings have been taken as entitle the defendant to a decree, the complainant will not be allowed to dismiss his hill without the consent of the defendant; Chicago & a.

R. R. Co. v. Mill Co., 109 U. S. 713,:: Sup. Ct. 594, 27 L. Ed. 1081.

The effect of dismissals under the codes of some of the United States, has been much discussed. Thus in New York, "a final judgment dismissing the complaint, either before or after a trial, rendered in an action hereafter con 'loes not prevent a new action for the same cause of action, unless it expressly declares that it is rendered upon the merits.