Bowles v. Portelance

The opinion of the court was delivered by

Smith, J.:

This was an action for damages brought under the wrongful-death statute, G. S. 1935, .60-3203. Judgment was for the defendant, sustaining a demurrer to petition of plaintiff. Plaintiff appeals.

This action was filed on or about August 24,1936. Deceased died on the 9th day of August, 1933. The question in the case is whether the action was commenced in time.

It is apparent that it was not commenced within two years of the date of the death of deceased, but circumstances were pleaded in the petition which plaintiff claims take this case out from…