Brooks v. Bates

The motion to strike certain averments from the complaint was properly sustained. These averments related to the statute of limitations; their purpose was to show that no bar of the action had arisen thereunder. This was anticipating a defense of which advantage might not be taken. Without the rejected matter, the complaint stated a cause of action; upon its face no bar was disclosed by virtue of any existing limitation statute; no new promise was relied on; hence by no possible construction would a special demurrer lie thereto, under the rule stated in Buckingham v. Orr, 6 Col. 387. The…