Howell v. Seigler

1. Where the plaintiff in a statutory trover action for the recovery of personal property, alleged, in paragraph 3 of the petition, “that the yearly rental value of said property is $90.00, which the petitioner claims from October, 1939,” the petition being filed in October, 1952, and where thereafter the defendant filed a general demurrer and also a written motion to dismiss the petition on the ground that it shows on its face (because of the allegations of paragraph 3 above set forth) that the action is barred by the statute of limitations, and, before a hearing on the demurrer was had, the…