 If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for...  The New York Supplement - Страница 6851915Пуни преглед - О овој књизи
 | Kentucky - 1851 - 544 страница
...40. If an action is commenced within due time, and a judgment therein for the plaintiff is reversed, the plaintiff, or, if he dies and the cause of action...survives, his representative, may commence a new action, within one year after the reversal. § 46. Where a plaintiff is an alien, and a subject or citizen... | |
 | 1911 - 1172 страница
...exceptions, it is apparent that it was terminated in a manner other "than by a voluntary discontlnuace, a dismissal of the complaint for neglect to prosecute...the action, or a final judgment upon the merits." Therefore the action of the trial court in denying the motion was correct. Rev. Codes, 5 6464 ; Glass... | |
 | New York (State) - 1891 - 1554 страница
...a new trial, or the action is terminated in any other manner than by a voluntary disc-on tinuance, a dismissal of the complaint for neglect to prosecute...action survives, his representative, may commence a Hew action for the same cause, after the expiration of the time so limited, and within one year after... | |
 | New York (State), Morris Cooper - 1893 - 944 страница
...judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated iu any other manner than by a voluntary discontinuance,...complaint for neglect to prosecute the action or a linal judgment upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his... | |
 | New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Edward Jordan Dimock, Robert George Scherer, Joseph Albert Lawson, William Van Rensselaer Erving, Louis J. Rezzemini, Charles Cook Lester - 1915 - 804 страница
...judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for negMisc.] Supreme Court, December, 1914. lect to prosecute the action, or a final judgment upon the... | |
 | New York (State), Morris Cooper - 1894 - 990 страница
...judgment therein is reversed on appeal, witln out awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance,...final judgment upon the merits ; the plaintiff, or, if be dies, and the cause of action survives, his representatives may commence a new action for the same... | |
 | 1894 - 970 страница
...by a voluntary discoi tinuance, a dismissal of the complaint for neglect to prosecute the uci ; ot * final judgment upon the merits ; the plaintiff, or, if he dies, and t»nse of action survives, bis representative may commence a new action foi the same cause, after the... | |
 | Marcus Tullius Hun - 1891 - 740 страница
...scope of section 405 of the Code of Civil Procedure, providing that if an " action is terminated in any other manner than by a voluntary discontinuance,...or a final judgment upon the merits." the plaintiff may bring a new action within one year after the termination of the former action. FOUKTH DEPARTMENT,... | |
 | 1896 - 1242 страница
...judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance,...complaint for neglect to prosecute the action, or a fimil judgment upon the merits; the plaintiff, or, if he dies, and the cause of action survives, his... | |
 | William John Tossell - 1918 - 744 страница
...the time limited for the commencement of such action at the date of reversal or failure has expired, the plaintiff, or, if he dies and the cause of action survives, his representatives, may commence a new action within one year after such date." * * * The stipulation... | |
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