Johnson v. Nolan

To the plaintiff’s fourth amended complaint the defendant interposed a demurrer. The demurrer was sustained and the plaintiff declined to amend. Judgment in favor of the defendant was entered and from that judgment the plaintiff has appealed. The plaintiff in his complaint charged the defendant with malpractice. On the face of the original complaint it appeared that the action was barred by the statute of limitations. Therefore a demurrer pleading the statute of limitations was sustained. The only material difference between the allegations of the original complaint and the fourth amended…