Green v. Prince

This appeal of the defendant G-reen turns on whether the trial court was right in holding plaintiff not guilty of such negligence in selecting the forum of a prior action as deprives him of the right to invoke T.C.A. 28-106, providing:

“New action after adverse decision not foreclosing merits.- — -If the action is commenced within the time limited by a rule or statute of limitation, hut the judgment or decree is rendered against the plaintiff upon any ground not concluding his right of action, or where the judgment or decree is rendered in favor of the plaintiff, and is arrested, or reversed…