(dissenting): In my opinion the plaintiff should not be permitted to dismiss his second cause of action upon the facts and circumstances here presented. The facts indicate an attempt to harass the-defendant. Once having selected the forum in which plaintiff desired to prosecute his two causes of action against the defendant, he should not, after his first adverse encounter with the trial court, which he appealed to the Supreme Court, be permitted to dismiss one cause of action, without prejudice, upon facts which clearly indicate plaintiff’s intention to prosecute such cause of action in another county. I would construe G. S. 1949, 60-3105, to require dismissal of both causes of action, if plaintiff desires to exercise the right of dismissal, without prejudice, authorized by the statute.
I, therefore, respectfully dissent from that portion of the majority opinion and would affirm the ruling of the trial court on this point.
Price, J., concurs in the foregoing dissenting opinion.