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OCKERMAN v. WISE

274 S.W.2d 385 (1954)

Foster OCKERMAN, Ancillary Administrator of the Estate of Leander Siebenhar, Deceased, Appellant, v. Grover N. WISE, Trading and Doing Business as Wise Transfer Line, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 28, 1955.

Attorney(s) appearing for the Case

Yancey, Martin & Ockerman, Lexington, Coleman Kiss, Cleveland, Ohio, for appellant.

Woodward, Hobson & Fulton, Louisville, for appellee.

MILLIKEN, Justice.

The decision in this case turns on whether the one year statute of limitations (KRS 413.120) governing actions for wrongful death, Irwin v. Smith, 150 Ky. 147, 150 S.W. 22, has been tolled within the meaning of KRS 413.270, which provides:

"If an action is commenced in due time and in good faith in any court of this state and the defendants or any of them make defense, and it is adjudged that the court has no jurisdiction of the action...

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