Schon v. National Tea Co.

This is an appeal on questions of law from a judgment of the trial court wherein a demurrer was sustained to plaintiff’s petition.

On May 11, 1967, plaintiff’s cause of action was dismissed for failure to prosecute. A new action was commenced under the provisions of Section 2305.19, Revised Code, by the filing of a petition on May 11, 1968. 1968 being a leap year, the month of February contained twenty-nine days. Thus plaintiff’s petition was filed on the three hundred sixty-sixth day after dismissal. Was the petition timely filed?

Section 2305.19, Revised Code, as pertinent, reads:

“In an…