New Hampshire Banking Co. v. Ball

The plaintiff in error sued to foreclose a mortgage on real estate. One of the defendants died, and an order of revivor was procured. The defendants moved to dismiss, with prejudice to a future action, because the order of revivor was irregularly obtained and because the time for re-institution *56of the suit was barred by statute. Pending the decision of this motion, the plaintiff offered to dismiss the action without prejudice to the institution of a new one, which the court refused to allow it to do, and evidence was then taken on defendant’s motion to dismiss with prejudice. This • motion…