J.R. WATKINS COMPANY v. WILEY

No. 36617.

153 N.W.2d 871 (1967)

182 Neb. 242

The J. R. WATKINS COMPANY, a Corporation, Appellant, v. Dell K. WILEY et al., Appellees.

Supreme Court of Nebraska.

November 3, 1967.


Attorney(s) appearing for the Case

Moyer & Moyer, Madison, Mapes & Mapes, Norfolk, for appellant.

McFadden, Kirby & Swoboda, Norfolk, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SMITH, Justice.

The district court dismissed plaintiff's amended petition because the statute of limitations had run. The question on appeal is whether the original petition interrupted the operation of the statute.

The named defendants are Dell K. Wiley and six others. The original petition alleges an indebtedness of all defendants for the balance due plaintiff on account of merchandise sold by plaintiff to Dell alone. The sales were allegedly made in accordance...

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