Glenn v. E. I. DuPont De Nemours & Co.

(dissenting) :

Being of the view that the judgment below reached the correct result and should, therefore, be affirmed, I most respectfully dissent. The several motions in the cause did not reach, eo nomine, the real issue between the parties. That issue is, simply stated, whether, under the circumstances, the defendant by its procedure and motions may be allowed to force the plaintiff in this action into position where a new action will have to be commenced, to which the defendant may assert the defense of the six-year statute of limitations. The actual issue was recognized and decided by the…