Sexton v. . Farrington

The defense relied on may be reduced to two propositions: (1) The plaintiff’s action is prosecuted to obtain relief on the ground of fraud and is barred by the three-year statute of limitations; (2) while the first summons was issued within three years from the time .the cause of action accrued the second was issued after the expiration of this period and when the second suit was brought the cost incurred in the first bad not been paid.

In consideration of the contentions with respect to the first proposition it becomes necessary to examine the complaint for the purpose of ascertaining the…