Eisenberg v. Stein

THOMAS, X

The appeal challenges the sustaining of demurrer to the bill as amended.

The two grounds assigned were “There is no equity in the bill;” and that it is shown by the bill “that the right of action is barred by the statute of limitations of three years under section 74501 of the Code of 1923.” The bar of the statute or laches, if disclosed by a bill, may be availed of by demurrer. Wood v. Master Schools, Inc., 221 Ala. 645, 130 So. 178; Hamilton v. Watson, 215 Ala. 550, 112 So. 115. And a respondent may incorporate demurrers in his answer. Section 6547, Code; Baggett Co. v. Vickery, 213…