Edward P. HARDY, Appellant,
v.
C.L. JANSSEN, Respondent.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted February 4, 1969.
Decided March 12, 1969.
Attorney(s) appearing for the Case
John E. Ferris, Medford, argued the cause for appellant. With him on the briefs were Ort W. Goakey, Klamath Falls, and Collins & Redden, Medford.
Stanley C. Jones, Medford, argued the cause for respondent. With him on the brief were J. Anthony Giacomini and Richard T. Flynn, Klamath Falls.
Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.
Supreme Court of Oregon, In Banc.
PER CURIAM.
In Haworth v. Ruckman, 1968, Or., 436 P.2d 733, we held that ORS 12.220 permits the refiling of an action within one year following a dismissal by non-suit only when the non-suit is granted after the beginning of a trial of an issue of fact. In the instant case plaintiff took a voluntary non-suit before the trial started. When he refiled the case it was dismissed because of the statute of limitations. He appeals that decision...
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