Layman v. Layman

Hudgins, J.,

delivered the. opinion of the court.

Margaret M. Layman instituted this action in August, 1935, against George E. Phillips and George F. Layman, former partners trading under the name of Phillips and Layman, to obtain a judgment for $1,800 on a note bearing date November 23, 1928, payable one day after date to her order, and signed Phillips and Layman, by G. F. Layman.

George F. Layman plead the five-year statute of limitations (Code 1919, section 5810), and George E. Phillips filed a plea of bankruptcy. To remove the bar of the statute of limitations, plaintiff gave notice that she…