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GALLIGAN v. SMITH

No. 7215SC157.

188 S.E.2d 31 (1972)

14 N.C.App. 220

Jettie Brady GALLIGAN v. Harold P. SMITH.

Court of Appeals of North Carolina.

Certiorari Denied June 16, 1972.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

Perry C. Henson, and Daniel W. Donahue, Greensboro, for defendant appellee.

Certiorari Denied by Supreme Court June 16, 1972.

MALLARD, Chief Judge.

G.S. § 1-25, repealed by the General Assembly in 1967 effective 1 January 1970, read as follows:

"New action within one year after nonsuit, etc.—If an action is commenced within the time prescribed therefor, and the plaintiff is nonsuited, or a judgment therein reversed on appeal, or is arrested, the plaintiff or, if he dies and the cause of action survives...

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