Ockerman v. Wise

MILLIKEN, Justice.

The decision in this case turns on whether the one year statute of limitations (KRS 413.120) governing actions for wrongful death, Irwin v. Smith, 150 Ky. 147, 150 S.W. 22, has been tolled within the meaning of KRS 413.270, which provides:

“If an action is commenced in due time and in good faith in any court of this state and the defendants Or any .of them make defense, and it is adjudged that the court has no jurisdic- . tion of the action, the plaintiff or his representative may, within three months from the time of that judg- . ment, commence a new action in the proper…