Farmers State Bank v. Jones

On Petition to Rehear.

HALE, J.

We are presented with very able and courteous petition to rehear. It is said that our opinion of Nov. 28, 1949, “pretermits one controlling point urgently insisted by solicitors for this defendant; or at least does not deal with it, viz.: that Code Section 8581 did not operate to toll the running of the statute of limitations. ’ ’ Apparently this is answered by the opinion complained of, wherein, 232 S. W. (2d) 664, it is said: “We hold the continued non-residence of this defendant from 1939 tolled the statute of limitations .... Further, that the fact he had…