Belpash v. Emerine

The sole question involved in this case is whether the sustaining of the demurrers in cause No. 91170 on July 17,1925, was a failure upon the part of the defendant in error “otherwise than upon the merits,” for if the failure was otherwise than upon the merits she was entitled, under the provisions of Section 11233, General Code, to institute a new action within the period of one year from the date of such failure.

The demurrers were filed and decided upon the ground that the action was not brought within the time limited by law for the commencement of such action, and, in the particular…