Stevens v. Scanlon

The issues in this appeal concern the statute of limitations applicable to actions against administrators or executors and the -statute permitting the refiling of actions after a judgment of nonsuit. ! .

The plaintiff’s cause of action for malpractice accrued in July, 1963. The decedent, the physician, died in November, 1963. Plaintiff filed her action against the defendant, the decedent’s executor. The case we^it to trial and defendant contended that the court had no jurisdiction as no claim against the estate had been filed as required by OBS 121.090. On April 1, 1966, the trial ended when…