Elk Garden Big Vein Coal Mining Co. v. Gerstell

McGinnis, Judge:

This is an action of trespass instituted in the circuit court of Mineral county, antj. is certified to this Court upon the ruling of the lower court, overruling the demurrer to the declaration, and upon the ruling of said court in rejecting the special plea of the defendant set forth in the record, and permitting the defendant to file a special plea of the statute of limitations, and in rejecting the reply to said plea by the plaintiff.

The declaration contains three counts. The first and third -counts allege that the plaintiff, Elk Garden Big Vein Coal 'Company, a corporation,…