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BRADY v. DURAN

No. 78-265.

119 N.H. 467 (1979)

DOROTHY E. BRADY v. CARLOS T. DURAN AND CAROLYN J. DURAN, d/b/a PINE SHORES MOTEL AND RESTAURANT.

Supreme Court of New Hampshire.

June 20, 1979.

Attorney(s) appearing for the Case

Rinden Professional Association, of Concord (Paul A. Rinden orally), for the plaintiff.

Hinkley & Donovan, of Lancaster (Walter D. Hinkley orally), for the defendants.

BROCK, J.

We are called upon to determine whether RSA 508:10, the so-called "saving statute," applies to the circumstances of this case. The statute provides:

If judgment is rendered against the plaintiff in an action brought within the time limited therefor, or upon a writ of error thereon, and the right of action is not barred by the judgment, a new action may be brought thereon in one year after the judgment.

The plaintiff brought an action seeking...

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