Hampton v. . Spinning Company

Does a judgment of nonsuit, duly entered by a judge of tbe Superior Court, upon tbe merits of tbe cause, and after all tbe evidence has been introduced by plaintiff, become determinative and conclusive in a new action brought under C. S., 415, upon tbe same complaint and upon tbe same evidence ?

Tbe plaintiff contends tbat C. S., 415, permits any number of suits upon tbe same cause of action, brought within one year from a judgment of nonsuit, irrespective of tbe reason or grounds of such judgment, and bases bis contention upon tbe following decisions of this Court: Meekins v. R. R., 131 N.…