Daniel V. City Of Tucson

The city attorney of Tucson filed a special demurrer to the amended complaint upon the ground that it appears upon the face of said amended complaint that the cause of action for damages to lot seven accrued more than two years prior to its institution and is therefore barred by the provisions of subdivision 2 of section 2059, Revised Code of 1928. He set up the same facts as a bar. The demurrer and plea in bar were sustained and the plaintiff electing to stand on her complaint the court ordered "that the plaintiff recover nothing from the cause of action in damages on said Lot Seven (7)" and dismissed "the said cause of action."