Chattanooga v. Neely

This action was brought by Neely to recover damages from the plaintiff in error for a change of the grade of a street on which his property fronted.

At the appearance term, and subsequent to the filing of the declaration, the defendant put in a plea of the general issue. After the lapse of a term or two, over the objection of plaintiff below, the defendant was permitted to file a plea of the statute of limitations of one year. Upon the trial of the cause the jury returned a verdict of $1,500 for the plaintiff, upon which judgment was regularly entered. The Circuit Judge, declining to sustain a…