Mills v. Whitehouse Trucking Co.

Appellant, in this action, asserts a single proposition of law for this court’s consideration. It states:

“The defense of statute of limitations is in [an] affirmative defense which must be raised by pleading in accordance with Rule 8-C or by motion timely filed in accordance with Rule 12-B (6) of the Civil Rules of Procedure. Pleading the affirmative defense in an answer that ‘The petition does not set forth a claim’ does not raise the defense of statute of limitations under the Ohio Rules of Civil Procedure.”

Appellant contends that the defense of the statute of limitations was not raised in…