Brooks v. West Lumber Co.

On Motion for Rehearing.

The defendant in error, in its motion for rehearing, requests that this court order up from the trial court an order of the latter overruling a general demurrer to the petition, its contention being that the overruling of this demurrer is controlling and establishes as the law of the case that the allegations of paragraph 6 in the amendment to the petition (set out in division 3 of the opinion, supra) allege a sufficient compliance with Code (Ann. Supp.) § 67-2002 (3) to show “the commencement of an action for the recovery of the amount of his claim within 12 months…