Barclay v. Barclay
Supreme Court of Pennsylvania
Appeal, No. 303, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T\, 1901, No. 1258, on demurrer to statement in case of William K. Barclay v. John K. Barclay. Demurrer to amended statement.
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Appeal, No. 303, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T\, 1901, No. 1258, on demurrer to statement in case of William K. Barclay v. John K. Barclay. Demurrer to amended statement. The record showed that the suit was brought on a promissory note for $6400 dated July 30, 1888. The writ issued April 1, 1901. In the original statement plaintiff averred “that the defendant has always refused to pay the amount of said note, or any part thereof.” The defendant demurred on the ground that the statement showed upon its face that the action was barred by the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The procedure act of May 25, 1887, P. L. 271, introduced clumsy and unscientific methods into the legal statements of the parties, by the plaintiff of his cause of action and by defendant of his defense, but it did not go so far as to overturn and confuse the fundamental principles of pleading by requiring the plaintiff to set out his evidence or anticipate the defense.
The statute of limitations is a defense upon facts, and must be pleaded. It cannot be made by a demurrer which raises only an issue of law. It is not a defense absolute of which the court will…
2Cases cited1 opinion
- Guarantee Trust & Safe Deposit Co. v. Farmers & Mechanics National BankSupreme Court of Pennsylvania · 1902
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- Ratto v. Pennsylvania Coal Co.Superior Court of Pennsylvania · 1931
- Quaker City Chocolate & Confectionery Co. v. Delhi-Warnock Building Ass'nSupreme Court of Pennsylvania · 1947
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