Woolery v. Smith

Opinion of the Court by

Judge Latimer

Affirming.'

This case is before us for the second time. On the former appeal the judgment was reversed upon the ground that a plea of limitations could not be made by motion but must be set up by answer. The .action, upon an open merchandise account, was commenced November 11, 1911. This was more than 7 years after the date of the last sale and delivery as shown by the account. A repetition of the historic background of the case is unnecessary as same may be found in the opinion on the former appeal. See Woolery v. Smith, 302 Ky. 725, 196 S. W. 2d 115.

Upon…