Anonymous
Superior Court of North Carolina
■npHE act of limitations had run about eighteen months, then ■*’ the plaintiff sues and his action is continued in court about 4 years, and then he is nonsuited, and upwards of 12 months after that he renews his action, and the defendant pleads the act of limitations»
1Opinion of the Court
If a suit be instituted before the three years are expired, and there is a nonsuit after three years, the plaintiff may sue again within twelve months, and then only the time elapsed before the first action shall be counted. But then a doubt was conceived whether, if the action be commenced after twelve months from the nonsuit, the time between the commencement of the first action and the nonsuit shall be counted, or only the time before the commencement of the first action and the time after the nonsuit and before the commencement of the second action.
2Cited by2 opinions
- Wells v. . WellsSupreme Court of North Carolina · 1912
- Citizens Saving & Loan Co. v. WarrenSupreme Court of North Carolina · 1933