Jones v. O'Connell

The object of this action by plaintiff O ’Connell against defendant Jones is to recover the amount due on the joint promissory note of Jones and others given to the plaintiff’s assignor. The defendant Jones, against whom judgment went, is here with his writ of error. The spe ciñe objection to this judgment, which both parties say is the controlling question in the case, is that section 6392, C. L. 1921, our six-year statute of limitation, is a bar to the action. The objection below was taken by defendant’s special demurrer, which the trial court overruled, and his affirmative defense in his…