Williams v. Elias

Messmore, j.

This is a malpractice suit. The original petition was filed April 20, 1940; an amended petition was filed July 19, 1940. Defendant on August 9, 1940, demurred to the amended petition for the reason that, on its face, it shows that more than two years have elapsed between the time of plaintiff’s injury and the filing of the petition in the district court, and' the statute of limitations bars any action on the alleged injury. The demurrer was sustained, and plaintiff’s action dismissed. Plaintiff appeals.

The only question to determine on this appeal is whether or not the plaintiff’s…