Slavitt v. Meader

1 Citing case

  1. Benally v. Pigman

    78 N.M. 189 (N.M. 1967)   Cited 26 times
    Noting that the savings statute applied because the first dismissal was "not based upon the discretionary power of the court to dismiss stale claims, nor was there any finding or conclusion that the [first dismissal] was by reason of the negligence of plaintiffs in prosecuting that cause"

    Additionally, in reviewing dismissals, even after reinstatement, a reviewing court looks to the whole course of litigation, not just that portion after the reinstatement. See Pearson v. Dennison (9th Cir. 1965), 353 F.2d 24; Slavitt v. Meader (1960), 107 U.S. App.D.C. 396, 278 F.2d 276. We now consider the dismissal of the case against the defendant Rudder.