U.S. Circuit Court for the District of Southern New York December 14, 1887 (American Zylonite Co. v. Celluloid Manuf'g Co.)

Coxe, J.

The ex parle entry in the rule-book was a nullity. A complainant in an equity action cannot in this manner discontinue the suit. An order of the court is necessary. Conner v. Drake, 1 Ohio St. 170. The right, however, of a complainant to dismiss a bill before hearing,, *810whore the defendant has acquired no substantive rights, is well nigh absolute.