Connor v. Becker

Hastings, C.

The question in this case is as to the sufficiency of the third, amended answer to set up the statute of limitations against a second amended petition. Trial was had and verdict rendered for defendant, and a motion was made by plaintiff for judgment under section 440 of the Code, which is as follows: “Where, upon the statements in the pleadings, one party is entitled by law to judgment in his favor, judgment shall be so rendered by the court, though a verdict has been found against such party.” This section has been held to be equivalent to the common law practice of judgment non…