Hawkins v. Scottish Union & National Ins.

Citations

• 110 Miss. 23
• 69 So. 710

Syllabus

<p>1. Limitation op Actions. Exceptions. Dismissal of actions. New action. Misjoinder. Dismissal. Jurisdiction. Matters of form. Duly commenced.</p> <p>Where an action duly commenced within the time allowed, is dismissed for want of jurisdiction, under Code 1906, section 3116, so providing, the plaintiff may commence a new action for the same cause, at any time within one year after such dismissal and where the commencement of the new action was more than six years after the accrual of the original cause but within one year of the time of the dismissal of the first action, a demurrer to a replication to the plea of the statute of limitations, setting-up that the action was begun within one year after dismissal , of the former suit should not be sustained.</p> <p>2. Limitation op Actions. Exceptions. New action.</p> <p>Code 1906, section 3116, permitting the bringing of actions within one year after dismissal of a cause for matters not affecting the merits, applies when the suit dismissed embraced the cause of action sued on in the second, even though it also embraced other and distinct causes of action asserted against parties other than the defendant in the second suit.</p> <p>3. Limitation of Actions. Misjoinder. Dismissal. New action.</p> <p>Where several independent causes of action are brought in one suit in equity the court having no jurisdiction on account of such jpinder, a dismissal of the cause by the court on appeal was a “dismissal for matter of form under Code 1896, section 3116, and an action brought on one of the causes so joined within one year after such dismissal was properly brought.</p> <p>■4. Limitation of Action. Exceptions. Jurisdiction. Matters of Eorm. Duly commenced.</p> <p>An action which was dismissed, in order to be “duly commenced” within the meaning of Code 1906, section 3116,. must not necessarily have been commenced in a court having jurisdiction of the subject-matter. On the contrary, one of the design's of the statute, with which s