Kimberlin v. Stoley

OPINION

By STEVENS, J.

The sole question here presented is whether the result of the first trial, in which plaintiff failed in his cause of action, was a failure by plaintiff otherwise than upon the merits, so as to bring the instant case within the saving provisions of §11233, GC, which provides that—

“In an action commenced, or attempted to be commenced, if in due time a judgment for the plaintiff be reversed, or if the plaintiff fails otherwise than upon the merits, and the time limited for the commencement of such action at the date of reversal or failure has expired, the plaintiff, or, if…