Hosterman v. First National Bank & Trust Co.

OPINION

By WISEMAN, J.:

This is an appeal on law from the judgment of the Common Pleas Court of Clark County overruling a demurrer to the first defense and overruling a motion to the second defense of the defendant’s second amended answer.

The demurrer to the first defense raises the question as to whether the defendant had not waived the statute of limitations as a defense by failing to demur to the petition which on its face showed that the cause of action was barréd by the statute of limitations. During the pendency of plaintiff’s motion to strike certain allegations from the defendant’s…