Dubin v. Harrell

OPINION

By the Court,

Thompson, J.:

The appeal presents this question: May a plaintiff, whose claim for relief has been dismissed for want of prosecution and who has failed to appeal from the dis missal order, commence another action against the same defendant on the same claim for relief? Our answer is no; he may not.

Here the first case was filed September 30, 1958. It was dismissed February 21, 1962, on defendant’s motion, the court exercising the discretionary power granted it under the two-year provision of NR.CP 41(e). The order of dismissal did not state whether the dismissal was with…