Barry Finance Co. v. Lanier

1. (a) Let us inquire as to the effect of thenonsuit in the instant case. Code § 3-808 reads as follows : “If plaintiff shall be nonsuited, or shall discontinue or dismiss his-case, and shall recommence it within, six months, such renewed case shall stand upon the same footing, as to limitation, with the-original case; but this privilege of dismissal and renewal shall be exercised only once under this section.” We do not interpret this Code section as being altogether controlling in view of t-he-issue here presented. The judgment of nonsuit relieved the surety and canceled the bond. It would…