Sanchez v. Spitzka

This is a motion by plaintiff for an order striking out certain denials contained in defendant’s answer as sham and frivolous, and certain defenses on the ground that it appears on the face thereof that they are insufficient in law. As will appear, the question involved, so far as those defenses are concerned, is the application of the Statute of Limitations.

There is a further question of pleading which must be decided and which will be hereinafter discussed.

It is alleged in the complaint that plaintiff and her husband, Henry Sanchez, now deceased, were married on January 12, 1907; that on or…