Baugham v. Slane

This limited trial was restricted to the single issue as to whether the Statute of Limitations pleaded as a defense to the cause of action, is a bar to a recovery here.

The defense alleged as follows: “ That said alleged cause, of action occurred more than three years and/or six years as the case may be prior to the examination (sic) of this action.”

On the trial, that allegation was amended to read: “ three years, six years and/or ten years ”.

The three- or six-year limitations clearly do not apply. The question then is whether the ten-year Statute of Limitations as set forth in section 53 of…