75 Neb. 167 | Neb. | 1905
This is a proceeding in error to review a judgment of the district court sustaining a general demurrer to the petition of the plaintiff and dismissing the action, with costs, for ■ the specific reason that it appears upon the face of the petition that the cause of action therein set forth was barred by the statute of limitations at the time the suit was begun.
The purport of the petition is that in January, 1889, the plaintiff delivered to the defendants certain shares of corporate stocks as a pledge to secure the repayment of a sum of money at that time borrowed by the plaintiff from the defendants, and that in May of said year the defendants converted said shares of stock to their own use to the damage of the plaintiff in a sum equal to .their alleged value, for which sum, and interest from the last named date, he prays judgment. But the plaintiff seeks to evade the bar of the statute, apparent from the above recited facts, by.alleging that in 1899, in an action then pending-in the district court for Douglas county, the same facts had been pleaded by the plaintiff as a defense to an action for the foreclosure of a certain mortgage that had been executed to secure the same loan of money, and in which
By the Court: For the reasons stated in the foregoing
Affirmed.