Bonnifield v. Price
Wyoming Supreme Court
Error to the First District Court for Laramie County. The opinion of the court contains a full statement of the facts in this case. It is contended that the court erred in sustaining the demurrer for two reasons: 1. Because the defense of limitation cannot be set up by demurrer; 2. Because the petition did not show on its face that the action was barred.
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Error to the First District Court for Laramie County. The opinion of the court contains a full statement of the facts in this case. It is contended that the court erred in sustaining the demurrer for two reasons: 1. Because the defense of limitation cannot be set up by demurrer; 2. Because the petition did not show on its face that the action was barred. I. It has long been settled by almost universal practice that the defense must be pleaded specially or it is 'waived: Angel on Lim. In some-states where codes prevail, it has been held demurrer would lie unless it appears upon the face of the…
1Opinion of the Court
By the Court,
Thomas, J.
The petition in this cause alleges that the plaintiff, Bonnifield, did on December 14, 1861, recover judgment in the district court of the. ninth judicial district of the state of California, against the said George P. Price and one Tyson, for one thousand seven hundred and sixty-five dollars and seventy-one cents, and that the same still remains unpaid and in full force and effect. To the petition the defendant interposed a special demurrer, for the reason “that the cause of action did not accrue within five years prior to the filing of the petition;” and the…
2Cited by4 opinions
- Columbia Savings & Loan Ass'n v. ClauseWyoming Supreme Court · 1904
- Dolan v. BaldridgeWashington Supreme Court · 1931
- Price v. BonnifieldWyoming Supreme Court · 1879
- Boller v. Western Law Associates, P.C.Wyoming Supreme Court · 1992