Aldridge v. . Dixon
Supreme Court of North Carolina
1Opinion of the CourtClabKSON, J.
For a decision of tbis action -we think it necessary to consider only one aspect of tbis controversy: Was plaintiff’s action barred by tbe ten-year statute of limitations, O. S., 445? We think so.
In Moore v. Charlotte, 204 N. C., 37 (39), is tbe following: “Where tbe defendant properly pleads a statute of limitations the burden is on tbe plaintiff to show that tbe action was brought -within the time limit fixed by tbe statute pleaded, or in other words it is not barred by tbe statute that is pleaded. Tillery v. Lumber Co., 172 N. C., 296; Marks v. McLeod, 203 N. C., at p. 258-9.” Wilkes…
2Cases cited11 opinions
- Tillery v. Whiteville Lumber Co.Supreme Court of North Carolina · 1916
- Wilkes County v. ForesterSupreme Court of North Carolina · 1933
- Drinkwater v. Western Union Telegraph Co.Supreme Court of North Carolina · 1933
- McLeod v. WilliamsSupreme Court of North Carolina · 1898
- Bank v. Swink.Supreme Court of North Carolina · 1901
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3Cited by2 opinions
- Hooper v. Carr Lumber Co.Supreme Court of North Carolina · 1939
- Davis v. . AlexanderSupreme Court of North Carolina · 1934