Birdsall v. Wilbur

Per Curiam,

The question propounded in this appeal, whether, in pleading the statute of limitations in the affidavit of defense, defendant’s failure to caption the new matter as prescribed, and to move plaintiff to reply specifically to it, prevents the statute from being raised in the defense at the trial, has been fully answered by Isaac et al. v. Donegal and Conoy Mutual Fire Ins. Co., 301 Pa. 351, at 356. The statute of limitations must be specifically pleaded. It is not a matter of which the court will take judicial notice from the facts contained in the plaintiff’s statement of claim:…