BROOKSBANK v. ROANE COUNTY


341 S.W.2d 570 (1960)

Robert E. BROOKSBANK et al., Plaintiffs in Error, v. ROANE COUNTY, Defendant in Error. James H. JOHNSTON et ux., Plaintiffs in Error, v. ROANE COUNTY, Defendant in Error.

Supreme Court of Tennessee.

December 9, 1960.


Attorney(s) appearing for the Case

Elmer L. Eblen, Kingston, for plaintiffs in error.

James M. Glasgow, Asst. Atty. Gen., for defendant in error.


SWEPSTON, Justice.

There are two separate cases in which the pleadings and material allegations as well as the questions for determination are the same and one opinion will suffice for the disposition of both cases.

The cases are in this Court on a direct appeal from the action of the trial judge in sustaining a demurrer in each case. As will appear shortly hereinafter, the determinative question is whether or not the saving statute, T.C.A. § 28-106,...

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