Schmit v. Esser

Defendant appeals from an order denying his alternative motion for judgment or a new trial.

Plaintiff sued to recover damages for malpractice and recovered a verdict. One of the defenses interposed was that the cause of action was barred by the two-year statute of limitations. The case was here before on appeal from an order overruling a demurrer to the complaint and is reported in 178 Minn. 82, 226 N. W. 196. The .question on the former appeal was whether the complaint on its face clearly showed that the action was barred. The former decision is the law of the case only to the extent of…