53 P.2d 675 | Okla. | 1935
The governing facts are quite similar to the facts in Johnson v. State,
If the proper ruling had been made on defendant's objection to the introduction of evidence, an amended complaint might have been proper, or there might have been some request to amend the complaint, but the cause of action as now alleged is barred by the statute of limitations.
The judgment is reversed and the cause remanded, with directions to the trial court to sustain defendant's contentions that the cause of action as now alleged is so barred, without prejudice, however, to the right to make application to amend.
McNEILL, C. J., and BAYLESS, PHELPS, and GIBSON, JJ., concur.