Hardy v. Janssen

PEE CUBIAM.

In Haworth v. Ruckman, 1968, 249 Or 28, 436 P2d 733, we held that OES 12.220 permits the refiling of an action within one year following a dismissal by non-snit only when the non-snit is granted after the beginning of a trial of an issue of fact. In the instant case plaintiff took a voluntary non-suit before the trial started. "When he refiled the ease it was dismissed because of the statute of limitations. He appeals that decision. He attempts to distinguish the Haworth decision on the basis that here the trial court suggested he ask for a voluntary non-suit when plaintiff had…