Horton v. Tyree

Woods, Judge:

This is an action of trespass on the case to recover for damages sustained in the purchase of certain coal stock, at the instance and on the false and fraudulent representations of the defendant. After a demurrer to the declaration was overruled, the defendant was permitted, over the objection of the plaintiff, to file a special plea that the cause of action did not accrue within one year next before the commencement of plaintiff’s action. Plaintiff entered his demurrer on which he stood, filing no replication to the plea. The circuit court overruled the demurrer, and thereupon…