Whalen v. CERTAIN-TEED PRODUCTS CORPORATION

Felton, Chief Judge.

It is conceded that the second action was filed more than six months from the dismissal of the first action and more than two years from December 1, 1960, the date of the appointment of the plaintiff in error as guardian. The trial judge, in his order dismissing the petition, stated that it was his opinion that the statute of limitation began to run on December 1, 1960, the date of the appointment of the guardian. We are unable to agree with the trial judge’s reason for dismissing the action. Code § 3-808, which provides that a second action may be brought within six…