Siepka v. Bogulski

On a suit involving $121 and interest thereon, the defendant made a motion before the City Court of Buffalo for a dismissal of seventy-five dollars of the amount claimed in the action on the ground that the cause of action as to such seventy-five dollars did not accrue within the time limited by law for the commencement of an action thereon. Although it is true that such objection could be raised by motion (Civ. Prac. Act, § 30), the same question could have been raised by answer, and thus disposition of the entire issues in the action could have been made at the trial without the expense of…