Janiszewski v. Behrmann

This case arises out of an allegedly irregular execution sale. The amended declaration was framed in 3 counts. The first was captioned “Trespass on the Case for Damages” and the second “Trespass on the Case Upon Promises.” The third set up the “Common Counts.” Upon motion, the trial court dismissed the amended declaration on the ground that the suit had been barred by the statute of limitations. Plaintiff-appellant took a general appeal. We will, hereinafter, upon this appeal so arising, presume to be true all of plaintiff-appellant’s well-pleaded allegations.

This is what happened:…