State ex rel. Campbell v. Ballard

In the coilrt of common pleas a demurrer was filed to the petition of relator, on the grounds that the relator had no legal capacity to sue; that there was a defect in parties plaintiff; that the action was not brought within the time limited for the commencement of such actions; and that the petition did not state facts sufficient to constitute a cause of action. The demurrer to the petition was sustained on the ground that the action was barred by the statute of limitations — the six-year statute — and the relator not desiring to plead further judgment was rendered in favor of defendant for…