Cleveland v. Cleveland

Grice, Justice.

Certain special grounds of the demurrer, which pointed out alleged structural defects in the petition, were not insisted on, and therefore are treated as abandoned. None of the other grounds call in question the right of the defendant in error to seek the issuance of the scire facias under the facts appearing, except the insistence that the petition shows on its face that such right is barred by the statute of limitations. Therefore we shall deal only with the question, should the trial court have refused to issue the scire facias because the request therefor came too late? The…