Sasser v. Dixon

MERRILL, Justice.

This appeal is from a judgment granting defendant’s motion for a new trial, following a verdict and judgment thereon in favor of the plaintiff.

The main question in the case is whether the allegations and the proof supported an action of trespass or trespass on the case.

The trial court granted the motion for a new trial solely on the ground that it became convinced that the one-year statute of limitations, Tit. 7, § 26, applied instead of the six-year statute, Tit. 7, § 21.

It is settled in our law that an action of trespass on the case is governed by the statute of limitations…