Miller v. Tyler

This was an action commenced in the Greene circuit court on the 9th day of February, 1870, to recover the value of certain wheat taken by the defendant from the plaintiff, on or about the 1st of December, 1861. The trial was by the court without the aid of a jury, and there was a finding and judgment for the plaintiff, and defendant brings the case here by appeal.

The material question presented by the record is, whether the plaintiff’s action was barred by the statute of limitations. It appears from the testimony that the defendant left his home in Greene county about the loth day of…