McClendon & Co. v. Hernando Phosphate Co.

Eish, Justice.

Tbe plaintiffs in error brouglit suit, in the city court off Atlanta, against the defendant upon an open account. There was a demurrer to the petition, upon the grounds, that “no cause of action, plainly, fully and distinctly set forth, is alleged against the defendant; that in none of the paragraphs of the plaintiffs’ petition is any amount alleged or claimed against the defendant”; and that the action was barred by the statute of limitations. The court below sustained this, demurrer, and subsequently, during the same term of the court, the plaintiffs moved the court to set…