Roemilie v. Leeper

Opinion.— When, in reply to a plea of the statute of limitations, a plaintiff would set up some disability which protects him against the bar of the statute, he should state *536when the disability commenced, and the extent of its duration, or his pleading will be fatally defective. But the opposite party may waive the defect; and if he does so, and evidence is admitted under the defective pleading, it is too late to make the objection upon appeal. 44 Tex., 446; 27 Tex., 357. Section 14, article 12, of the constitution did not change the common-law construction of the statute of limitations, but…