Heakes v. Heakes

The court did not err in refusing to dismiss the petition as a whole. It was not subject to the general demurrer on the ground “that said petition sets forth no cause of action in favor of said plaintiff against this defendant.” Conceding, for the present purposes, that suit on the chancery decree of Alabama, *867purely as a suit ou a. foreign judgment, was barred by the statute of limitations under the Civil Code (1910), § 4354, the petition also sought a recovery based on the obligation of the defendant to pay to the plaintiff $75 per month, which obligation was founded on the chancery decree..…