David C. Carleton, Appellant v. Thomas Darcy, Respondents

Summary

The Court of Appeals affirmed the lower courts' denial of the plaintiff’s motion to discontinue the ejectment action on payment of costs, holding that the trial court did not abuse its discretion. The Court explained that while a plaintiff may generally discontinue upon payment of costs, the court retains control over such orders and may refuse them when equity requires the plaintiff to pursue the action to a final resolution.