Dismiss

To remove; to send out of court. Formerly used in chancery of the removal of a cause out of court without any further hearing. The term is now used in courts of law also.

To discontinue; to order a cause, motion or prosecution to be discontinued or quashed. See 37 N. H. 536, 75 Am. Dec. 154.

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.

To send away; to send out of

To send away; to discharge; to cause to be removed. To dismiss an action or suit is to send it out of court without any further consideration or hearing.

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-