State v. Boyce

Layton, Judge.

The question presented by this motion is whether or not the Statute of Limitations of three years has run against Plaintiff’s claim. In my opinion it has. Dillon v. Board of Pension Commis*143sioners, 18 Cal. 2d 427, 116 P. 2d 37, 136 A. L. R. 800; Barney v. City of Lincoln, 144 Neb. 537, 13 N. W. 2d 870.

Plaintiff relies upon a line of authorities which superficially support his position. Upon closer examination, however, the facts of these cases reveal that, prior to the bringing of petitioner’s suit to recover his pension, his right thereto had been established. Dryden v. Board of…