Kraushaar v. Leschin

KIRKPATRICK, District Judge.

I do not think that, on the pleadings as they now stand, I can consider the question whether the action is barred by the statute of limitations.

The general rule is that a party must- plead the statute of limitations in order to avail himself of it, the reason being that it is an affirmative defense which, like most, may be waived. Rule 8 (c), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, confirms this principle and it is clear that, in general, the defense may not be raised by demurrer in the Federal Courts even though the bar is apparent…