Litten v. Peer

Sprouse, Judge:

This case is before the Court upon a writ of error and supersedeas to the final judgment .of the Circuit Court of Pendleton County, by which judgment the circuit court set aside a jury verdict and granted the plaintiff a new trial in an action instituted by Oscar Madison Litten, Jr., as the plaintiff, against Robert Odel Peer and Glenna Marlene Adam, as the defendants.

The two questions urged for consideration are whether the action in the circuit court was barred either by the statute of limitations or by the doctrine of res judicata or by both defenses.

The plaintiff Litten,…