| 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... | |
| New York (State) - Law - 1876 - 398 pages
...reversed on appeal, without awarding a new reversed trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of...limited, and within one year after such a reversal or termina. tion. junction '" § ^^' Where the commencement of an action has been stayed by etc!; tolle... | |
| New York (State), William Wait - Civil procedure - 1877 - 662 pages
...therein is reversed on appeal, without awarding a new jj.^ or ^g action is terminated in any other manner than by a voluntary discontinuance, a dismissal of...within one year after such a reversal or termination. Code Pro., § 104, amended. See Wait's Code, 109. stay by § 4O6. Where the commencement of an action... | |
| New York (State) - 1879 - 436 pages
...is reversed on appeal, without awarding a new tr'a'> or tne &c^ou ™ terminated in any other manner than by a voluntary discontinuance, a dismissal of...within one year after such a reversal or termination. - §406. Where the commencement of an action has been stayed by to"be injunction, or by other order... | |
| New York (State) - 1880 - 668 pages
...on appeal, without awarding ' reversed. a new trial, or the action is terminated m any other manner than by a voluntary discontinuance, a dismissal of...within one year after such a reversal or termination. [Co. Proc., § 104, adding the words, "without awarding a new trial", because, if a new trial is awarded,... | |
| New York (State) - 1881 - 1532 pages
...is reversed on appeal, without awarding a new trial, or the action is terminated in anj other manner than by a voluntary discontinuance, a dismissal of...cause, after the expiration of the time so limited, aud within one year after such a reversal or termination. Id., J 104. See Lang r. Featheree, 7 3. A... | |
| Horace Gay Wood - Limitation of actions - 1882 - 990 pages
...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...within one year after such a reversal or termination. Id. § 104. See Lang ». Featheree, 7 S. & M. 404. court or judge, or by statutory prohibition, the... | |
| Law reports, digests, etc - 1909 - 1164 pages
...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 time so limited, and within one year after such reversal or termination." This court in Glass v. Basin & Bay State Min. Co., 35 Mont. 507, 00 Рас.... | |
| 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... | |
| Law reports, digests, etc - 1895 - 1162 pages
...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...or, if he dies and the cause of action survives, his representatives, may commence a new action for the same cause, after the expiration of the time so... | |
| |