Sibley v. Bowen

This is a suit on a note executed by Robert Rollins, William Rollins, W. H. Austin, and J. C. Sibley. William Rollins and J. C. Sibley were dead and tbe adminstrator of neither was sued at the beginning. Later the administrator of Sibley was made a party. At the time he was made a party the suit against him was barred by limitations (Code 1923, § 8944), unless some feature of tbe facts relieved the bar of the statute.

The complaint alleged partial payments made by defendants up to and including December 29, 1925. The suit was not barred by the statute if such payments started anew the statute…