Hayden v. Caledonia National Bank

This is an action of contract. The defendant, among other defenses, relies upon the statute of limitations. At the September Term, 1941, of Washington County Court, the cause was heard on a demurrer to the plaintiff’s surrejoinder. This demurrer was overruled and the cause brought to this Court upon exceptions by the defendant before final judgment pursuant to the provisions of P. L. 2072.

The defendant having pleáded the statute of limitations, the plaintiff replied that a former suit for the same cause was commenced November 15, 1937, and that within one year after the abatement of the writ…