Slade v. Horn

Griffin Smith, Chief Justice.

L. M. Slade sold groceries to D. D. Horn on open account and sued for a balance of $106.29. Municipal Court sustained the defendant’s demurrer which alleged that the complaint affirmatively showed that the last transaction between the parties occurred in June 1939, when payment of $40 was made; hence the plea of limitation was upheld. The plaintiff, to excuse delay in filing his suit, alleged that Horn was an absconding debtor. Pope’s Digest, § 8952. This issue was decided in favor of the defendant.

On appeal to Circuit Court the complaint was • amended, as shown…