McDonald v. Epps

This action was commenced in the district court of Oklahoma county to recover damages for alleged wrongful death. Suit involving the same cause of action was commenced in Seminole county May 27, 1930, within the statutory period, and dismissed without prejudice March 8, 1932. On August 9, 1932, and after the original statute of limitation had run, the case was filed in Oklahoma county and on January 3, 1934, was dismissed without prejudice. On November 28, 1934, the case was again filed in Oklahoma county. The cause is now here on appeal from the action of the trial court sustaining demurrer…