Morrison v. Morrison
Supreme Court of Virginia
1DissentHudgins, J.
The statute of limitations is one of repose, and is dictated by a wise policy, founded upon presumption against him who unreasonably delays the assertion of his demand. The plea of the statute is in the nature of a plea of confession and avoidance. It virtually admits that the alleged claim at one time was due and owing but the lapse of time since its due date bars the right of action.
It appears from the uncontradicted evidence in this case that within less than one year from the date of the marriage of the parties, the wife had transferred to the husband the sum of $15,251. Later, on…
2Cases cited4 opinions
- City of Spokane Falls v. CurryWashington Supreme Court · 1891
- Burton's v. MansonSupreme Court of Virginia · 1925
- Layman v. LaymanSupreme Court of Virginia · 1938
- Noland Co. v. WagnerSupreme Court of Virginia · 1929