Johnson v. Pilot Life Insurance

It appears that in the Superior Court an effort was made to have the issue raised by defendant’s plea of the statute of limitations, C. S., 441, “finally determined in advance of the trial” upon the complaint, answer, and “stipulations filed by the parties.” To this end, the defendant sought to terminate the action by motion to dismiss, Batson v. Laundry, 206 N. C., 371, 174 S. E., 90, albeit the burden was on the plaintiff to show that he had brought a live claim to court. Allsbrook v. Walston, 212 N. C., 225, 193 S. E., 151. From a denial of the motion, the defendant appeals.

It is not clear…