HENDRYX v. E. C. ATKINS & CO.

No. 7733.

79 F.2d 508 (1935)

HENDRYX v. E. C. ATKINS & CO.

Circuit Court of Appeals, Fifth Circuit.

October 19, 1935.


Attorney(s) appearing for the Case

Frank C. Hendryx, of Washington, D. C., for appellant.

John W. Crenshaw, of Atlanta, Ga., for appellee.

Before SIBLEY and WALKER, Circuit Judges, and HOLMES, District Judge.


SIBLEY, Circuit Judge.

The appeal is from a judgment dismissing on demurrer a petition which was held to show on its face that it was barred by limitation. The petition alleged in substance that the petitioner, Mrs. C. J. Hendryx, was in July, 1923, a married woman, living with her husband in Georgia, and having a separate estate. Her husband was in the employ of E. C. Atkins & Co., and in the course of the employment had become indebted to them in a sum of $4...

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