Chandlee v. Shockley

Henderson, J.,

filed the following dissenting opinion.

I agree with the holding of the majority of the Court that Code (1957), Art. 93, sec. 112, creates a new cause of action, and that the time limitation therein is a condition precedent to the right to maintain the action. It follows that the lateness of the action may be invoked by demurrer. The distinction between causes of action created by the Legislature, with conditions attached, which limit the substantive right, and other causes of action existing at common law, as to which the Legislature undertakes to bar the remedy only, is well…