Schmer v. Gilleland

Defendant demurred on the ground that the statute of limitations barred the common law remedy of plaintiff for negligence. Plaintiff’s petition not disclosing the date of commencement of the action, the district court concluded that the demurrer searched the record for the date. The demurrer was accordingly sustained and thej petition dismissed. Plaintiff moved for new trial on the ground of newly discovered evidence' — an affidavit like a return of service. The court overruled the motion. On appeal, plaintiff assigns for error both the reach given the demurrer and the denial of new trial.

The…