J. H. Melville Lumber Co. v. Scott

Plaintiff sued defendant in the county court of Custer county June 16, 1937, on a 149-dollar promissory note dated March 17, 1932. Defendant assailed the petition by demurrer on the ground it showed on its face that the action was barred by the five-year statute of limitations. Comp. St. 1929, sec. 20-205. The demurrer was sustained. Plaintiff, payee named in the note, stood upon the petition and refused to plead further. The county court entered a dismissal which was reviewed in the district court and affirmed. From the affirmance, plaintiff appealed to the supreme court.

The note was payable…