DISCONTINUANCE, DISMISSAL AND NONSUIT, § 23 — tardy taking of nonsuit. In action, in municipal court of Chicago, against business brokers for amount claimed to be owing by them to plaintiff as result of transaction between parties, where written defense, filed by one of defendants, containing new affirmative matters, was admitted by plaintiff's failure to reply thereto, after court sustained motion of defendant, who filed defense, to effect that matters alleged by him were admitted, plaintiff was not entitled to take voluntary nonsuit and to dismissal of action without prejudice, but defendant, who alleged new matters, was entitled to judgment against plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE BURKE.
Not to be published in full. Opinion filed February 25, 1948; released for publication March 25, 1948.