Snider v. Rollins
Snider v. Rollins
Opinion of the Court
Taking the complaints of error in the inverse order, we have, first, “The sufficiency of the evidence.”
We hold in this case that there was not only some evidence but abundant evidence to go to the jury upon the issues of fact raised in the pleadings; that the case was properly submitted in that behalf. The judgments of the court below will not be disturbed for that reason.
As to the other ground of error: “The application of the statute of limitations.”
It is not contended here that the court wrongly charged the jury in this behalf. The contract was either a continuing contract in entirety during the lifetime of J. W. Snider, or it was a contract from day to day, month to month, or year to year. If the latter, the service rendered would be subject to the six-year statute of limitations, as contended for by plaintiff in error. If, on the other hand, it was one entire contract operating during the lifetime of J. W. Snider, then the statute of limitations would not begin to run until the death of said J. W.
It is urged that this policy of the law opens the door wide for fraud upon decedents’ estates. That, however, is largely counterbalanced by the fact that the plaintiff’s mouth is closed and that he must make his proof through outside parties who presumably are more disinterested; and the jury is the first arbiter of whether or not the claims are bona fide and reasonable, and then the courts have a reviewing and supervising jurisdiction to right any wrong committed by the jury.
The whole record shows, and is admitted by plaintiff in error’s brief to show, that “the facts were not in dispute.” It is therefore all the more important that the inferences and conclusions of those facts were a proper matter for the consideration and determination by the jury, as to whether or not they showed a contractual relation, and as to whether or not that relation was one entire and continuing one during the lifetime of said J. W. Snider.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.