Bryant v. . Kellum

The statute of limitations having been pleaded, the burden of proof was on the plaintiff to show that his action was brought within the time allowed by the statute. O. S., sec. 416, provides that: “No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or interest.” The last clause of this section has been construed bydhis Court in numerous cases, wherein it has been uniformly…