Pesce v. Mondare

This case has been certified, under § 478, C. P. A., from the District Court of the Sixth Judicial District, for determination of the following question of law, raised by the defendant’s demurrer to the plaintiff’s replication, viz.: “ After termination of an action which has been duly commenced within the time allowed for beginning same, which termination was by involuntary non-suit, upon motion of the defendant, at the conclusion of the plaintiff’s testimony, may a new action for the same cause be brought within one year after such non-suit, under Section 256, Chapter 13, of the Court and…