GREEN v. HUFF

No. 54511.

636 P.2d 907 (1981)

Johnette M. GREEN, Appellant, v. Timothy Scott HUFF, Appellee.

Supreme Court of Oklahoma.

As Corrected November 30, 1981.


Attorney(s) appearing for the Case

Sellers & Harlan by John L. Harlan, Sapulpa, for appellant.

Ray H. Wilburn, Scott T. Knowles, Tulsa, for appellee.


LAVENDER, Justice:

Two questions are presented by this appeal:

1. Whether a pleading characterized as a "special demurrer" can reach the question of whether the statute of limitations has run on a claim set forth in a petition, when it is necessary in order to present the question for review that the court must consider the summons on file in the case to determine the date of its issuance, and to consider the return of summons in order to determine when and...

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