Culver v. Pickens

On Rehearing.

We do not deem it necessary to notice but two grounds urged by appellants for rehearing: (1) They contend that, under Rule 94 of Civil Procedure, the defense of laches must be affirmatively *531pleaded and is not determinable as a question of law on special exception. This contention is overruled. See Callahan v. Giles, 137 Tex. 571, 155 S.W.2d 793, by the Supreme Court.(2) They also contend that the judgment below should not have been affirmed but lather should have been reversed and the cause remanded to permit them to amend in regard to the issue of laches.

The nature of the case…