Sheppard v. Barrus Construction Co.

BRITT, Judge.

The three-year statute of limitations (G.S. 1-52) began to run against plaintiff’s claim on 31 August 1965 when a next friend was appointed for the special purpose of instituting an action on the claim. Rowland v. Beauchamp, 253 N.C. 231, 116 S.E. 2d 720 (1960). Once the statute of limitations begins to run against an action, it continues to run. Rowland v. Beauchamp, supra. Unless saved by some statute or rule, plaintiff’s claim is barred by the statute of limitations.

The question then arises, was plaintiff’s claim saved by G.S. 1-25 (formerly C.S. 415) ? While this statute was…