Craven

Defendant in error brought an action at law in the state court for recovery of money on contract, and by the plaintiff in error it was removed to the federal court. The record of removal was filed on December 15, 1925, and on the same day the plaintiff below filed a motion for a dismissal without prejudice. The motion was continued to January 4,1926, upon which day it was duly submitted, and was allowed. At the same time defendant below filed an answer to the complaint, incorporating therein a counterclaim. Upon allowing the motion to dismiss, the court “ordered and adjudged that said causes of action, defined in plaintiff’s complaint, be and the same are hereby dismissed without prejudice to plaintiff again bringing action upon any one or all of them, provided that costs herein are paid to defendant, and said couríterclaim of defendant is also dismissed without prejudice to defendant again renewing said counterclaim.”

Under the Conformity Act (Comp. St. §§ 1537,1539,1540), the practice in such eases follows as nearly as may be the procedure prescribed by the state statute. Section 182 *365 o£ the Oregon Laws (1920) provides: “Judgment of nonsuit may be given against tbe…