Nassar v. Nelson

On Motion for Rehearing.

Appellee contends that we were in error in holding that his first amended original petition showed on its face that plaintiff’s cause of action was barred by the two years’ statute of limitation, R. C. S.1925, art. 5526, because the amended petition does not show when the original petition was filed. It is conceded by appellee that the original petition is included in the transcript, and that the file mark on the original petition discloses that this suit was instituted more than two years after the original cause of action arose. Appellee’s contention is that the…