Crispin v. St. Louis Public Service Co.

[ 154] Plaintiff commenced an action for $10,000.00 damages, for wrongful death of her husband, which was dismissed, September 24, 1948, for failure to give security for costs. Plaintiff commenced this present suit on the same cause of action on-August 1, 1949, as authorized by Sec. 3656, R. S. 1939, now 537.100, R. S. 1949. Defendant’s motion to dismiss (on the ground that the order did not recite the dismissal was without prejudice) was sustained and plaintiff has appealed from this judgment of dismissal.

Plaintiff’s previous action was filed June 4, 1946. A motion for security for costs,…