Byers v. Dobies

This is an appeal on question of law from an order of the Court of Common Pleas granting defendant’s motion to dismiss plaintiff’s petition on the ground that the petition was not filed within the time limit prescribed by law, and for that reason, the plaintiff’s action was dismissed. The petition was dismissed on March 13,1963, at plaintiff’s costs, for which judgment was rendered.

The assignments of error urged by the appellant are:

1. The Court of Common Pleas of Cuyahoga County erred in granting defendant’s motion to dismiss on the ground that the petition was not filed within the time…