Benton v. Roberts

Only the first division of the syllabus will be elaborated. Technically speaking, we think the court erred in striking the defendant’s plea of the statute of limitations, and judgment will be entered accordingly. What we held upon a previous hearing was that the petition did not appear upon its face to be barred by the statute, and, thus, that the defendant’s demurrer to the petition was properly overruled. It was an entirely different thing for the defendant to plead the statute, but as we have undertaken to show in the syllabus, the action of the court in striking the plea appears to have…