Travis v. McLaughlin

CLARK, Judge.

Plaintiff's first argument is that the statute of limitations is an affirmative defense which must be pleaded in an answer and which may not ordinarily be raised by a Rule 12 motion. Plaintiff cites Iredell County v. Crawford, 262 N.C. 720, 138 S.E. 2d 539 (1964), and several other cases as support for her position. We note, however, that these cases were decided before 1967 and before the effective date of the Rules of Civil Procedure in North Carolina.

In Teague v. Motor Co., 14 N.C. App. 736, 189 S.E. 2d 671 (1972), the court was presented with the question of whether plaintiff…