36 S.E.2d 869 | Ga. Ct. App. | 1946
The petition as amended shows that the alleged right of action was subject to demurrer on the ground that it was barred by the statute of limitations, and the judge did not err in sustaining the demurrer invoking such statute, and in dismissing the petition as amended.
The defendant demurred generally to the petition on the ground that it did not set out a cause of action and on the ground that the suit was barred by the statute of limitations. The trial judge sustained the demurrer and dismissed the petition as amended, and the exception here is to that judgment.
The judge did not err in sustaining the demurrer and dismissing the petition as amended. It is well-settled law that, where the pleadings show on their face that the action is barred, a defendant can take advantage of the statute of limitations by a demurrer expressly invoking the statute. Ayers v. Taylor,
The cases of Teasley v. Bradley,
Judgment affirmed. Felton and Parker, JJ., concur.