Roberts v. Hudson

GIYENS, O. J.

Respondent brought suit September 7, 1927, on a promissory note due October 1, 1920, and as an excuse for the delay in bringing the suit, exceeding the statutory period, alleged that the appellants had been out of the state during most of the time since the maturity of the note. Appellants by their answer interposed the bar of the statute of limitations and denied such absence from the state as to toll the statute.

Appellants, husband and wife, assign as error the insufficiency of the evidence to show such absence from the state as to toll the statute of limitations, and also urge…