Muckenthaler v. Noller

(dissenting) : I am unable to concur in an opinion which, in my judgment, has the effect of a judicial repeal of a perfectly plain statute. The statute reads as follows:

“When a right of action is barred by the provisions of any statute, it shall be unavailable either as a cause of action or ground of defense.” (Civ. Code, § 24, Gen. Stat. 1915, § 6914.)

This is the concluding section of the general statute of limitations. In this state statutes of limitation are statutes of repose. For a variety of reasons it is considered bad policy to permit court investigation of old woes, and so the…