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" ... or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits ; the plaintiff, or, if he dies, and the cause of action survives,... "
Lawyers' Reports Annotated - Page 205
1917
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Laws of the State of New York, Volume 2

New York (State) - 1876 - 398 pages
...plaintiff, or, if he dies, and the cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time...limited, and within one year after such a reversal or termina. tion. junction '" § ^^' Where the commencement of an action has been stayed by etc!; tolle...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 pages
...plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time...within one year after such a reversal or termination. Code Pro., § 104, amended. See Wait's Code, 109. stay by § 4O6. Where the commencement of an action...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 pages
...plaintiff, or, if he dies, and the cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time...within one year after such a reversal or termination. - §406. Where the commencement of an action has been stayed by to"be injunction, or by other order...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time...within one year after such a reversal or termination. [Co. Proc., § 104, adding the words, "without awarding a new trial", because, if a new trial is awarded,...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, aud within one year after such a reversal or termination. Id., J 104. See Lang r. Featheree, 7 3. A...
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A Treatise on the Limitation of Actions at Law and in Equity: With an ...

Horace Gay Wood - 1882 - 990 pages
...plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time...within one year after such a reversal or termination. Id. § 104. See Lang ». Featheree, 7 S. & M. 404. court or judge, or by statutory prohibition, the...
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The Pacific Reporter, Volume 99

1909 - 1164 pages
...plaintiff, or, if he dies, and the cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such reversal or termination." This court in Glass v. Basin & Bay State Min. Co., 35 Mont. 507, 00 Рас....
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 pages
...commencement of the action. cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time...within one year after such a reversal or termination. • § 406. Where the commencement of an action has been stayed by injunction, or by other order of...
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The New York Supplement, Volume 148

1914 - 1282 pages
...dismissal for neglect to prosecute. or a final judgment upon the merits, a new action may be commenced for the same cause after the expiration of the time...within one year after such a reversal or termination, applies to an action for damages for death caused by negligence required by section 1902 to be brought...
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The New York Supplement, Volume 142

1913 - 1290 pages
...he dies, anil the cause of action survives, his representative, may commence a new action for tlie same cause, after the expiration of the time so limited,...within one year after such a reversal or termination." The plaintiff, evidently with a view to anticipating the plea of the statute of limitations, alleged...
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