BERRY DRY GOODS CO. v. WARD

BERRY DRY GOODS CO. v. WARD
1926 OK 811
249 P. 916
120 Okla. 11
Case Number: 17204
Decided: 10/12/1926
Supreme Court of Oklahoma

BERRY DRY GOODS CO.
v.
WARD et al.

Syllabus

¶0 1. Limitation of Actions--When Properly Presented by General Demurrer and Motion for Judgment on Pleadings.
A general demurrer to a petition, or motion for judgment on the pleadings, presents the question of statute of limitation for decision, where the petition shows on its face that the action is barred.
2. Same -- Judgment for Defendants Sustained.

Record examined; held, to be sufficient to support judgment in favor of the defendants.

A. C. Markley, for plaintiff in error.
J. G. Rawls and Cook & Cook, for defendants in error.

STEPHENSON, C.

¶1 Among the several questions presented by this appeal, one involves the correctness of the court's ruling in sustaining a general demurrer to the petition on the part of some of the defendants, and sustaining a motion for judgment on the pleadings filed by the other defendants.