Batson v. City Laundry Co.

C. S., 415, permits a plaintiff to bring a new action within one year after a judgment of nonsuit. No point is made that the present suit was not brought within a year after the judgment of nonsuit reported in Batson v. Laundry, 205 N. C., p. 93. Consequently the plaintiff had a right to bring a new action. If it should be held that the plea of res adjudicaia was applicable to the remedy set up by C. S., 415, it is manifest that this statute would be whittled down to a nullity because every judgment of nonsuit could then be set up as a bar to a new action. The essentials of estoppel by…