If in any action, duly commenced within the time allowed, the writ shall be abated, or the action otherwise avoided or defeated, by the death of any party thereto, or for any matter of form, or if, after verdict for the plaintiff, the judgment shall be arrested, or if a judgment for the plaintiff shall be reversed on appeal, the plaintiff may commence a new action for the same cause, at any time within one year after the abatement or other determination of the original suit, or after reversal of the judgment therein, and his executor or administrator may, in case of the plaintiff’s death, commence such new action, within the said one year.
Miss. Code Ann. § 15-1-69
Commencement of new action subsequent to abatement or defeat of original action
Applied in 39 court decisions — leading case 854 So. 2d 1017 - Stockstill v. State (2003)
Most recently applied in 179 So. 3d 1127 - Mary Meeks v. Hologic, Inc. (December 2015)
Codes, Hutchinson’s 1848, ch. 57, art. 1 (16); 1857, ch. 57, art. 19; 1871, § 2163; 1880, § 2686; 1892, § 2756; 1906, § 3116; Hemingway’s 1917, § 2480; 1930, § 2314; 1942, § 744.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.