Legal Opinion
Patterson v. Vincent
Superior Court of Delaware
Decided August 26, 1948No. Civil Action No. 10PublishedCited by 35 opinions
1Opinion of the CourtCarey, J.
Prior to the adoption of the new rules of procedure in this State, the statute of limitations could be raised only by an affirmative plea and its application in any given case could not be tested by a demurrer to the declaration, even though the declaration showed on its face that the action might be barred. 1 Woolley’s Del. Prac. 373. The new rules of procedure incorporated verbatim under their same designation Rules 9(f) and 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Under 9 (f), for the purpose of testing the sufficiency of a pleading, averments of time are material, and,…
2Cases cited8 opinions
- Bodne v. AustinTennessee Supreme Court · 1928
- McClees v. CohenCourt of Appeals of Maryland · 1930
- Klingbeil v. SaucermanWisconsin Supreme Court · 1917
- Lewis v. Pawnee Bill's Wild West Co.Supreme Court of Delaware · 1907
- Francis v. BrooksOhio Court of Appeals · 1926
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3Cited by35 opinions
- Layton v. AllenSupreme Court of Delaware · 1968
- Canaday v. Superior CourtSupreme Court of Delaware · 1955
- Johnson v. Hockessin Tractor, Inc.Supreme Court of Delaware · 1980
- Carr v. Town of Dewey BeachDistrict Court, D. Delaware · 1990
- Closser v. Penn Mutual Fire InsuranceSupreme Court of Delaware · 1983
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