Cero Realty Corp. v. American Manufacturers Mutual Ins.

The sole question before us may be stated as follows:

Where, after an action has been timely commenced, the trial court sustains a demurrer to an amended petition on the ground of misjoinder of parties defendant and plaintiff then dismisses the same without prejudice, has the plaintiff failed otherwise than upon the merits, so as to enable him to invoke the saving provisions of Section 2305.19, Revised Code, quoted above, and start another action within one year of the dismissal of the amended petition?

The insurers answer this question against such right and rely basically on the case of…