§ 16-56-126 — Commencement of new action or filing mandate after nonsuit or arrest or reversal of judgment

(a) (1) If any action is commenced within the time respectively prescribed in this act, in §§ 16-116-101 - 16-116-107 , in §§ 16-114-201 - 16-114-209 , or in any other act, and the plaintiff therein suffers a nonsuit, or after a verdict for him or her the judgment is arrested, or after judgment for him or her the judgment is reversed on appeal or writ of error, the plaintiff may commence a new action within one (1) year after the nonsuit suffered or judgment arrested or reversed. (2) (A) However, if after judgment for plaintiff the judgment is reversed on appeal or writ of error and the cause is remanded for another trial, the mandate shall be taken out and filed in the court from which the appeal is taken within one (1) year from rendition of the judgment of reversal. (B) Otherwise, the cause shall be forever barred. (b) If the cause of action survives to the plaintiff's heirs or to his or her executors or administrators, they may in like manner commence a new action or take out a mandate within the time allowed the plaintiff.

Legislative History

Rev. Stat., ch. 91, § 21; Acts 1891, No. 159, § 3, p. 280; C. & M. Dig., § 6969; Pope's Dig., § 8947; Acts 1983, No. 145, § 1; 1985, No. 221, § 1; A.S.A. 1947, § 37-222.