Mechanics Building Ass'n v. Whitacre

On Petition for a Eehearing.

Best, C.

The appellee contends that the first paragraph ■of the complaint, to which a demurrer was sustained by the ■court below, shows upon its face that the cause of-action therein stated was barred by the statute of limitations, and that, therefore, the demurrer to it wras rightly sustained by the court; that this court, in the opinion reversing the judgment of the court below, failed to notice the question of the statute of limitations so presented for decision by the demurrer, and, therefore, erred in reversing the judgment upon the demurrer.

It is true that the…