Atwood Mercantile Co. v. Rooney

*841The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued to recover on an account. The petition showed that all of the items of the account were barred by the statute of limitations. There was no demurrer to the petition. The answer was a general denial. The plaintiff introduced its evidence, to which the defendant demurred on the ground that the evidence did not prove a cause of action and on the ground that the action was barred by the statute of limitations. That demurrer was sustained. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

The sole…