Hodges v. Home Ins. Co. of New York

Where an action is instituted within the time prescribed by the pertinent statute of limitations and is thereafter dismissed for want of service of the summons therein, may the plaintiff maintain an action on the same cause of action when summons therein was issued after the lapse of the statutory period but within twelve months after the dismissal of the original action for want of jurisdiction of the parties? This is the question posed for decision.

Plaintiff relies on G.S. 1-25 and former decisions of this Court applying the same to fact situations he contends are sufficiently identical to…