Hassel v. Baker

Reese, P. J.,

Plaintiff herein brought an action of trespass on a cause of action alleged in his statement to have occurred on December 7, 1937. The action was instituted on March 19, 1940. The applicable statute of limitations required that the action be brought within two years. Defendant filed an affidavit of defense, setting forth that the action was not begun within the limitation of .time provided by the statute, as is fully shown by the record of the case and plaintiff’s statement. Thereafter defendant filed a motion for judgment on the pleadings.

It has been held that, in an action of…