DUBIN v. HARRELL

No. 4626.

386 P.2d 729 (1963)

Al DUBIN, Appellant, v. John A. HARRELL, Respondent.

Supreme Court of Nevada.

Rehearing Denied January 10, 1964.


Attorney(s) appearing for the Case

George Rudiak, Las Vegas, for appellant.

Foley Brothers, Las Vegas, for Respondent.


THOMPSON, Justice.

The appeal presents this question: May a plaintiff, whose claim for relief has been dismissed for want of prosecution and who has failed to appeal from the dismissal order, commence another action against the same defendant on the same claim for relief? Our answer is no; he may not.

Here the first case was filed September 30, 1958. It was dismissed February 21, 1962, on defendant's motion, the court exercising the discretionary power granted...

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