Dressler v. Carpenter
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. When a suit is brought in time and dismissed, a new action can only be brought within one year after such dismissal. The statute does not authorize a succession of actions in infinitum.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. When a suit is brought in time and dismissed, a new action can only be brought within one year after such dismissal. The statute does not authorize a succession of actions in infinitum. Kirby’s Dig., § 5083; Mansfield’s Dig., § 4497. The amendment of April 14, 1891, striking out the clause “from time to time’' from the last named statute signifies the intention of the Legislature to prevent an indefinite succession of suits. See also 76 Kan. 89; 90 Pac. (Kan.) 764. 2. The statute of limitations was not tolled by the Wilson…
1Opinion of the CourtMcCulloch, C. J.
Precisely the same questions are presented on these two appeals and the cases have been consolidated here and briefed together.
The plaintiff, W. N. Carpenter, instituted separate actions in the circuit court of Arkansas County, one against the defendants, Frank Dressier, H. Coleman and J. L. Ingram, to recover possession of a quarter section of land in that county, and the other against defendants, George Dressier, H. Coleman and J. L. Ingram, to recover possession of another quarter section of land.
Coleman died during the pendency of the actions and as to him the causes were revived in the…
2Cases cited5 opinions
- Love v. CahnSupreme Court of Arkansas · 1909
- McCann v. SmithSupreme Court of Arkansas · 1898
- Crow v. StateSupreme Court of Arkansas · 1861
- Biscoe v. MaddenSupreme Court of Arkansas · 1856
- Evins v. BatchelorSupreme Court of Arkansas · 1896
3Cited by10 opinions
- United States Fire Ins. Co. v. SwydenSupreme Court of Oklahoma · 1935
- Mitchell Shaw v. the Fed. Land Bk. of St. LouisSupreme Court of Arkansas · 1943
- Sims v. MillerSupreme Court of Arkansas · 1922
- Smallwood v. Central Peninsula General HospitalAlaska Supreme Court · 2006
- Rita Shircliff and Raphael M. Shircliff v. Mary A. Elliott and Mose L. ElliottCourt of Appeals for the Sixth Circuit · 1967
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