W. T. Raleigh Co. v. Barnes

The appellant was denied a recovery in the court below on the ground that its cause of action was barred by the statute of limitation. This was its second suit on this cause of action against the appellees. The first was begun before the bar of the statute attached, but was dismissed by an order reading as follows:.“This cause came on to be heard on motion to dismiss said cause, the motion is sustained, and cause dismissed without prejudice, with cost on the plaintiff, for which let execution issue.”

The second suit, the one here on appeal, was begun within ■ one year after the dismissal of…