Smith v. Felter
Supreme Court of New Jersey
On contract. On demurrer to sur-rejoinder. To the declaration in this ease, which contained only the common counts, the defendant pleaded the general issue and actio non accrevit infra sex annos. The plaintiff joined issue on the first plea, and replied to the second that she ought not to be barred from maintaining her action by reason of anything contained therein, because, at the time her cause of action accrued to her, she was and ever since has been a lunatic and insane.
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On contract. On demurrer to sur-rejoinder. To the declaration in this ease, which contained only the common counts, the defendant pleaded the general issue and actio non accrevit infra sex annos. The plaintiff joined issue on the first plea, and replied to the second that she ought not to be barred from maintaining her action by reason of anything contained therein, because, at the time her cause of action accrued to her, she was and ever since has been a lunatic and insane. The defendant, by her rejoinder, admitted the lunacy of the plaintiff, and charged that on the 9th day of February,…
1Opinion of the Court
The opinion of the court was delivered by
Gummere, J.
In determining which of these parties is entitled to judgment on this demurrer it is necessary to look through the whole of the pleadings in the case, for it is an established rule that judgment will be given against the party whose pleading is first defective in substance. 1 Chit. Pl. 668.
It is insisted on behalf of the defendant that the first substantial defect appears in the plaintiff’s replication, and the contention is that, under the fourth section of our statute of limitations, a lunatic, after the expiration of six years, cannot…
2Cases cited4 opinions
- Adams v. FieldSupreme Court of Vermont · 1849
- Rigg v. WiltonIllinois Supreme Court · 1851
- Langdon v. ApplegateIndiana Supreme Court · 1854
- Lessee of Gray v. AskewOhio Supreme Court · 1828
3Cited by8 opinions
- Snare & Triest Co. v. FriedmanCourt of Appeals for the Third Circuit · 1909
- Reale v. Tp. of WayneNew Jersey Superior Court Appellate Division · 1975
- DeCosta v. Ye Craftsman Studio Inc.Massachusetts Supreme Judicial Court · 1932
- Browne v. SmithSupreme Court of Colorado · 1949
- Johnson v. United StatesCourt of Appeals for the Eighth Circuit · 1937
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