Texas Supreme Court
C. A. Hoodless v. Joseph Winter
May 1, 189180 Tex. 638
Summary
The Texas Supreme Court reversed the trial court’s judgment and remanded, directing dismissal of the suit if the pleadings remain unchanged and the plaintiff elects a nonsuit. It held that a plaintiff may take a nonsuit despite a defendant’s counter‑claim for affirmative relief when that counter‑claim is defective for failing to allege the necessary facts.