Carroll Hardwood Lumber Co. v. Stephenson

Riley, PRESIDENT:

This certificate involves the sufficiency of a special replication to a plea of the statute of limitations in an action of assumpsit, the Circuit Court of Kanawha County having sustained a demurrer to the replication.

By .the declaration, filed at July Rules, 1942, which embodies the common counts and a special count on a writing obligatory, the plaintiff seeks recovery in the sum of ten thousand dollars against D. H. Stephenson, as administrator of the estate of Forsythe Stephenson, deceased. In connection with the common counts it is alleged that plaintiff had, about…