Bodne v. Austin

This appeal in error is by the plaintiff from the action of the circuit court in sustaining a demurrer to both counts of plaintiff’s declaration, and thereby holding that the action stated in each count is barred by the statute of limitations of one year, section 4469 of Shannon’s Code (Code of 1858, section 2772).

The first count of the declaration avers that the plaintiff accompanied his wife, Mrs. Mollie Bodne, to the office of the defendant, and retained and employed defendant to extract his wife’s teeth, and to make and fit a set of false teeth; that pursuant to the contract of employment…