Ruddell v. Folsom
Supreme Court of Arkansas
Appeal from the Circuit Court of Independence county. Hon. B. H. Neely, Circuit Judge, presiding, Under'the general replication to the plea of the statute of limitations, evidence of part payment cannot be given to avoid the statute bar. Wherever a party relies upon an exception in the statute, he must plead it specially. Walker vs. Bnk.
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Appeal from the Circuit Court of Independence county. Hon. B. H. Neely, Circuit Judge, presiding, Under'the general replication to the plea of the statute of limitations, evidence of part payment cannot be given to avoid the statute bar. Wherever a party relies upon an exception in the statute, he must plead it specially. Walker vs. Bnk. Mississippi, 2 Eng. 504. Ringgold fy Rynson vs. Dunn, 3 Eng. 499. McClellan vs. Slate Bank, 7 Eng. 143. The courts of New York have ruled differently, but the weight of authority sustains the principle. Greenl. on Ev. sees. 440, 447, 448. But if evidence of…
1Opinion of the CourtJustice Walker
This suit is brought against Ruddell alone, on the joint obligation of Moore and himself. The bond was barred by the statute of limitations, unless the bar was removed by part payment-The defendant pleaded the statute of limitations, to which the plaintiff replied generally. Under this issue, the plaintiff offered evidence of such part payment, but the defendant objected to the evidence upon two grounds, first, that the evidence offered was-incompetent and inadmissible to prove part payment; and second, that if admissible as evidence in other respects, it u as inadmissible under the issue…
2Cited by5 opinions
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