Stubbs v. . Motz

Clark, J.:

This action was begun 20th March, 1885, to correct errors alleged to have been made by mutual mistake, of the parties in a settlement had between them 27th October, 1881. The defendant pleaded the statute of limitations. The plaintiff did not, in his complaint nor by replication, aver that the discovery of the mistake was within three years next before the commencement of the action. The Court thereupon excluded evidence offered to prove such fact, and held, upon the face of the pleadings, that the action was barred, and instructed the .jury to find the issue in favor of the…