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HUNTER v. WARD

No. 7340.

15 F.2d 843 (1926)

HUNTER et al. v. WARD.

Circuit Court of Appeals, Eighth Circuit.

November 9, 1926.

Attorney(s) appearing for the Case

George W. Dodd, of Ft. Smith, Ark., for plaintiffs in error.

Thomas B. Pryor and Vincent M. Miles, both of Ft. Smith, Ark., for defendant in error.

Before STONE and LEWIS, Circuit Judges, and SYMES, District Judge.

STONE, Circuit Judge.

From a judgment entered after sustaining a demurrer to an amended petition, this writ of error is sued out. The demurrer is based on the running of the state statute of limitations, as shown on the face of the amended petition.

This right of action accrued March 30, 1919. On March 28, 1922 (just two days before the applicable state statute of limitations would have expired), a suit was filed. A voluntary nonsuit was taken therein on January...

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