Curtis v. College Park Lumber Co.

The College Park Lumber Company brought suit against Mrs. W. G. Curtis upon an open account for various articles, the first item of which was dated February 5, 1909, and the last May 21, 1909. The suit was filed on May 21, 1913. At the trial an oral motion, in the nature of a demurrer, was made by the defendant to dismiss the action on the ground that the petition showed upon its face that the action was barred by the statute of limitations. The court overruled the motion to dismiss, and the defendant filed exceptions pendente lite. A verdict and judg*602ment were rendered for the plaintiff…