Legal Opinion

Galligan v. Smith

Court of Appeals of North Carolina

Decided April 26, 1972No. 7215SC157PublishedCited by 7 opinions

1Opinion of the Court

MALLARD, Chief Judge.

G.S. 1-25, repealed by the General Assembly in 1967 effective 1 January 1970, read as follows:

“New action within one year after nonsuit, etc. — If an action is commenced within the time prescribed therefor, and the plaintiff is nonsuited, or a judgment therein reversed on appeal, or is arrested, the plaintiff or, if he dies and the cause of action survives, his heir or representative may commence a new action within one year after such nonsuit, reversal, or arrest of judgment, if the costs in the original action have been paid by the plaintiff before the commencement of…

2Cases cited4 opinions

  1. Hunsucker v. CorbittSupreme Court of North Carolina · 1924
  2. Hunsucker v. . CorbittSupreme Court of North Carolina · 1924
  3. Nowell v. HamiltonSupreme Court of North Carolina · 1959
  4. Osborne v. Southern Railway Co.Supreme Court of North Carolina · 1940

3Cited by7 opinions

  1. Chicora Country Club, Inc. v. Town of ErwinCourt of Appeals of North Carolina · 1997
  2. Carolina Garage, Inc. v. HolstonCourt of Appeals of North Carolina · 1979
  3. Cheshire v. BENSEN AIRCRAFT CORPORATIONCourt of Appeals of North Carolina · 1972
  4. Willow Mountain Corp. v. ParkerCourt of Appeals of North Carolina · 1978
  5. Kahn v. SturgilDistrict Court, M.D. North Carolina · 1975

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