Yost v. Irwin

In the court below,- Yost brought an action on a promissory note. The defendant, Irwin, filed a general demurrer to the complaint. Afterward, and before the disposition of the general demurrer, the defendant, on application supported by *270affidavit, was permitted, over the objections of the plaintiff, to withdraw the. general demurrer and to file a special one, setting up that it appeared on the face of the complaint that the action was barred by the statute of limitations. Oln hearing, the special demurrer was sustained. Thereupon, on motion of the defendant, the action was dismissed, and…