 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 4371914Full view - About this book
 | New York (State) - Law - 1876 - 398 pages
...ed' action. Provision § 405. If an action is commenced within the time limited therefor, judgment and a judgment therein is reversed on appeal, without awarding a new reversed trial, or the action is terminated in any other manner than by a voluntary discontinuance,... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...government against its own Wall. (TJ. S.) 532; United Statet v. Wiley, 11 id. 608. where10" § 405. If an action is commenced within the time limited therefor,...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... | |
 | New York (State) - 1879 - 436 pages
...deduct- bility is not a part of the time limited for the commencement of the action. § ^^' ^ an act*on k commenced within the time limited therefor, and a...therein 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... | |
 | New York (State) - 1880 - 668 pages
...right to sue may he given him. by treaty, or license from the United States government.] § 405. If an action is commenced within the time limited therefor,...judgment therein is reversed on appeal, without awarding ' reversed. a new trial, or the action is terminated m any other manner than by a voluntary discontinuance,... | |
 | New York (State) - 1881 - 1532 pages
...action. Co. Proc., 1 103, ara'd. § 405. Provision where judgment has been reversed. — If an action ia commenced within the time limited therefor, and a...awarding a new trial, or the action is terminated in anj other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute... | |
 | Law reports, digests, etc - 1911 - 1172 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
...commencement of the action Co. Proc., 1 103, am'd. § 406. Provision where judgment has been reversed. — If an action is commenced within the time limited therefor,...terminated in any other manner than by a voluntary disc-on tinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment... | |
 | 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
...of Civil Procedure, which reads as follows: " § 405. Provision where judgment has been reversed. If an action is commenced within the time limited therefor,...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 - 1893 - 944 pages
...of the disability is not a part of the time limited for the commencement of the action. § 4Q5. If an action is commenced within the time limited therefor,...awarding a new trial, or the action is terminated iu any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to... | |
 | New York (State), Morris Cooper - Civil procedure - 1894 - 990 pages
...of the disability is not a part of the time limited for the commencement of the action. § 4O5. If an action is commenced within the time limited therefor, and a 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... | |
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