Hackney v. Asbury & Co.

Eish, 0. J.

1. Tlis mere dismissal, in general terms, of a suit will not, after the expiration of six months from such dismissal, operate as a bar to the bringing- of a second suit by the same plaintiff against the same defendant and on the same cause of action, when the cause of action is not barred by the statute of limitation applicable thereto at the time the second suit is brought. Section 3780 of the Civil Code is not applicable to sueli a state of facts, as that section provides: “If a plaintiff shall be nonsuited, or shall discontinue or dismiss his case, and shall recommence within…