All the law we have upon the Subject of the right of the plaintiff to dismiss his action or Submit to a non Suit in an action is found on page 199 Section 243 of the General Statutes of Oregon which is as follows     Section 243 A Judgment of non Suit may be given against the plaintiff as provided in this title. 1st On motion of the plaintiff, at any time before trial unless a counter claim has been pleaded as a defense 2d On motion of either party; upon the written consent of the other filed with the clerk; 3d On motion of the defendant when the action is called for trial, and the plaintiff fails  to appear, or when after the trial has begun and before the final submission of the cause, the plaintiff abandons it, or when upon the trial  the plaintiff fails to prove a cause Suffic -ient to be Submitted to the Jury. Section 245 When a Judgment of non Suit is given; the action is dismissed; but Such Judgment    
        Shall now have the Effect to bar another action for the Same Cause      Counterclaim  Page 156 Gen Statutes Sec 71 provides amongst other things that the defendant in an answer (in any case) may set up a Statement of any new matter constituting a defence or Counterclaim, in ordinary and concise language without repetition.     Section 72       The Counterclaim mentioned in Section 71 must be one existing in favor of a defendant and against a plaintiff between whom a Several Judgment might be had in the  action and arising out of the contract or transaction Set forth in the Complaint.