City of Phillipsburg v. Kincaid

The only question in the case is, Does the petition state facts sufficient to constitute a cause of action against the defendant below, the plaintiff in error? The action was brought to recover damages for taking and retaining personal property. The petition alleges that the property was taken, November 15, 1891. This action was commenced in the court below, July 5, 1895. There is nothing stated in the petition sufficient to take the cause out of operation of the Statute of Limitations, and, under the provisions of paragraph 4095, General Statutes of 1889, the demurrer thereto should have…