Doherty v. Lynett

ARCHBALD, District Judge.

Under the statute of limitations in Pennsylvania, an action for libel must be begun within a year; and as the date of publication here is given as March 7, 1904, while suit was not brought until August 24, 1905, the plaintiff is thus apparently barred, if the^ statute is pleaded, unless he can show something to obviate it. But it is hornbook law that advantage cannot be taken of the running of the statute by demurrer, but must be set up by plea, *682if for no other reason than that otherwise the plaintiff would have to anticipate the defense and insert in his declaration…