State Ex Rel. Williams v. Adams

MOORE, Justice.

The sole question presented for determination by this Court is whether the Court of Appeals correctly • affirmed the trial court’s entry of judgment on the pleadings in favor of defendant Fidelity.

Fidelity contends that plaintiff’s cause of action is barred by the one-year statute of limitations set out in G.S. 1-54(1) and G.S. 1-54(2), which are as follows:

“One year. — Within one year an action or proceeding—(1) Against a public officer, for a trespass under color of his office.(2) Upon a statute, for a penalty or forfeiture, where the action is given to the State alone, or in…