Cooper v. Bolin

HENRY J. WESTHUES, Special Commissioner.

This case involves the interpretation of Section 516.230, V.A.M.S. The section provides in substance that if a case is commenced within the time provided by the statute of limitations, Sections 516.010-516.370, V.A.M.S., and the plaintiff suffers a nonsuit or, for other reasons, the cause is discontinued, the plaintiff may commence a new action within one year from the date the original suit was discontinued.

The prime question is whether a person filing a counterclaim within the time provided by the statute of limitations is in fact a plaintiff within…