how legal actions can end matter.86 Such variation could of course be content-related; it is, however, likely that this view was more generally interpreted, namely to the effect that the applying party should no longer be able to unilaterally influence the further course of the action. Also informative in this respect is the already mentionedcausaHochhausen.87 The withdrawal of the appeal by Hochhausen was obviously possible without further action by the adverse party,88 although the lawsuit had been brought before the Imperial Chamber Court. After all, however, the Imperial Chamber Court had not yet taken any action in the case. This similarly applies to the dispute of the citizens of Weiler: The Defendant Ludwig von und zu Weiler had already turned to the Imperial Chamber Court directly after the lawsuit was brought before the lower instance court, and thus before the lower instance court took action. At this stage, the termination of the dispute according to general legal principles was in any case still possible, because objections “against the judge, the claimant and judicial orders” (wider den Richter, den Kläger und den Gerichtszwang) had to be submitted before the fortification of the fight, given that nobody was obliged “to accept an action before an incompetent judge” (zu nehmen die Klage von deme/ so nicht sein Richter ist).89 As regards the summary proceedings before the Imperial Chamber Court, it can be assumed that after the withdrawal of the action by his subjects, the applicant Weiler was no longer interested in a formal injunction, as he had already reached his intended goal. In addition, the Imperial Chamber Court had knowledge of the settlement of the action due to the notarially certified annulment submitted to its files. Thus, formal proceedings in this matter had become obsolete. 86 In this respect see above, fn. 72. 87 Regarding the facts, see more details StadtA Cologne, RKG, no. 813. 88 So also Oberländer, Samuel (ed.) 1753 with further substantiation. 89 RKGO1508, V, sec. 2. 98
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