Arbach v. Gruba

I concur in the result reached in this opinion; however, I would reverse the judgment n. o. v. for Joanne Gruba on the grounds that the statute of limitations is a personal defense and does not deprive the trial court of jurisdiction on its face and that it may be waived at any time. See SDCL 15-6-8(c) and Frederickson v. McIntyre, 1938, 52 Ariz. 61, 78 P.2d 1124. As was stated in First v. Byrne, 1947, 238 Iowa 712, 28 N.W.2d 509:

“It is true of course as a rule that the right to interpose the statute (of limitations) as a defense is a personal privilege of the debtor which he may waive, or…