Morton v. Leslie

The opinion of the court was delivered by

Harvey, J.:

This was an action on a “statement of indebtedness.” The trial court sustained a demurrer to the petition. Plaintiffs have appealed.

The question presented is whether the three-year or the five-year statute of limitations applies. We are told the specific question presented is new in this state, and this reminds us of the language used by Chief Justice Crozier in Searle and Others v. Adams, 3 Kan. 515, 518, when, in August, 1866, upon a “day of wilted collars and oily butter,” he marveled that a new question should arise under the statute of…