Moore

This is an action to recover damages alleged to have resulted from a libel. The trial was commenced before a jury. Upon the calling of the first witness, defendants interposed an objection to the taking of any evidence, upon the ground that the complaint did not state a cause of action and that said complaint on its face disclosed the cause of action to have been barred by the statute of limitations. The judge presiding, having announced his intention of ruling in favor of defendants, it was then agreed that the jury should be dismissed and thereafter the matter was submitted to the court. Judgment was thereupon ordered in favor of defendants.

The appeal presents the question noted and at the outset it becomes necessary to detail the cause of action alleged. Af the outset, however, specific mention must be made of the fact that the complaint here being considered and referred to is the second amended complaint. This is the only complaint before us and the only complaint contained in the clerk’s transcript. We assume, from the term “second amended”, that other complaints had been filed and the reporter’s transcript containing the arguments made in the trial court seems to take it…