Hubble v. Poff
Supreme Court of Virginia
Appeal from a decree pronounced by tbe Circuit Court of Smytb'connty August 29, 1899, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants.
1Opinion of the Court
Keith, P.,
delivered the opinion óf the court.
The question which we have to dispose of at the threshold of this case is: Can the statute of limitations be availed of in a court of equity by a demurrer to the bill?
In Hickman v. Stout, 2 Leigh. 10, Judge Carr says: “There *647is no rule better established than that one cannot avail himself of the statute of limitations, in a suit in equity, without pleading it. This was admitted as the general rule; but the appellant’s counsel argued, that this case was taken out of it, because neither the bill, nor the account exhibited with it, showed any items of…
2Cases cited2 opinions
- Smith v. PattieSupreme Court of Virginia · 1886
- Tazewell's ex'or v. Whittle's adm'rSupreme Court of Virginia · 1856
3Cited by4 opinions
- Branch v. BranchSupreme Court of Virginia · 1939
- Savings Bank v. Powhatan Clay Manufacturing Co.Supreme Court of Virginia · 1904
- Coles' Ex'or v. MartinSupreme Court of Virginia · 1901
- J. S. Salyer Co. v. A. J. Doss Coal Co.Supreme Court of Virginia · 1931