Patterson v. Ingraham

The- single point in this case, is, whether after a decree for the complainants, founded up'on a pro confesso order regularly taken, the defendant, upon appeal to this court, may take advantage of the statute of limitations, if it appear upon the face of the bill, that the time prescribed by the statute as a bar has elapsed. It is insisted for the appellant that this may be done, because it might be done upon a demurrer to the bill. That they are both but modes of admitting the facts charged. ■

We do not think the analogy holds good. Upon a demurrer, the party asserts all his legal rights, and…