United States Casualty Co. v. American Oil Co.

Bell, Judge.

The sole question presented in this case is whether the plaintiff here has the right to renew his action within six months after dismissal, under Code § 3-808, where the action previously brought against the debtor and the surety is still pending in another county as to the debtor, but was voluntarily dismissed as to the surety and recommenced within six months, and where the costs accrued in the first action have not been paid. The defendant adds to this question that the first action was never validly pending as to the surety for want of jurisdiction, but we do not agree that…