Cobb v. Clark

The first question presented by this appeal is whether the superior court. should have sustained defendants’ plea of the statute of limitations. The action is clearly barred by subsection 5 of G.S. 1-52 unless saved by the operation of G.S. 1-25 which provides as follows:

“§ 1-25. New action within one year after nonsuit, etc. — If an action is commenced within the time prescribed therefor, and the plaintiff is nonsuited, or a judgment therein reversed on appeal, or is arrested, the plaintiff or, if he dies and the cause of action survives, his heir or representative may commence a new action…