Hinkle v. Smith & Son

1. The oldest item in the account sued on was of a date less than five years anterior to the filing of the suit; and the creditor being under an inhibition to institute his action again&t the administrator until after the expiration of twelve months from the date of the administra- . tor’s appointment, the statute was tolled for that period, and no item of the account was barred by the statute of limitations.

'2. After both parties had concluded the introduction of testimony, and argument had been entered upon, it was not error for the court to disallow an amendment setting up the defense that…