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BYERS v. DOBIES

No. 26478.

7 Ohio App. 2d 123 (1963)

BYERS, APPELLANT, v. DOBIES, APPELLEE.

Court of Appeals of Ohio, Cuyahoga County.

Decided October 24, 1963.

Attorney(s) appearing for the Case

Messrs. Jamison, Ulrich, Hope, Johnson & Burt and Messrs. Eastman, Stichter, Smith & Bergman, for appellant.

Messrs, Hauxhurst, Sharp, Cull & Kellogg, for appellee.

ARTL, J.

This is an appeal on question of law from an order of the Court of Common Pleas granting defendant's motion to dismiss plaintiff's petition on the ground that the petition was not filed within the time limit prescribed by law, and for that reason the plaintiff's action was dismissed. The petition was dismissed on March 13, 1963, at plaintiff's costs, for which judgment was rendered.

The assignments of error urged by the appellant are:

1. The...

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