 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 - Page 6851915Full view - About this book
 | Kentucky - Session laws - 1851 - 544 pages
...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... | |
 | Law reports, digests, etc - 1911 - 1174 pages
...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) - Civil procedure - 1891 - 1554 pages
...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 - Civil procedure - 1893 - 944 pages
...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 (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1906 - 774 pages
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 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1907 - 798 pages
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 | 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 - Law reports, digests, etc - 1915 - 804 pages
...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 - Civil procedure - 1894 - 990 pages
...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 pages
...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... | |
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