If, in any case, after hearing, the court finds that the applicant has no title proper for registration, a decree shall be entered dismissing the application, and such decree may be ordered to be without prejudice. The applicant may dismiss his application at any time before the final decree, upon such terms as may be fixed by the court, and upon motion to dismiss duly made to the court.
Source: L. 03: p. 323, § 26. R.S. 08: § 742. C.L. § 4952. CSA: C. 40, § 197. CRS 53: § 118-10-29. C.R.S. 1963: § 118-10-29.
ANNOTATION
Section is not in violation of § 25 of art. II, Colo. Const., or of the fourteenth amendment to the federal constitution, on the ground of not complying with due process of law in that it fails to provide for an affirmative judgment for defendant. People ex rel. Smith v. Crissman, 41 Colo. 450, 92 P. 949 (1901).