Alspaugh v. Reid

Citations

• 6 Idaho 223
• 55 P. 300
• 1898 Ida. LEXIS 58

Syllabus

<p>Averments of Answer — New Matter — Deemed Denied. — Under the provisions of section 4217, Revised Statutes, when new matter is. pleaded in the answer in avoidance or as constituting a defense or counterclaim, such new matter is deemed denied or controverted by the plaintiff.</p> <p>Statute of- Limitations. — When the statute of limitations of a foreign state is set up as a defense it is error for the court on motion, without a trial, to render a judgment of dismissal for the reason that the plaintiff under the provisions of said section 4217, Revised Statutes, is deemed to have controverted the new matter thus set up as a defense and the defendant is put on his proof.' The plaintiff may deny the existence of such statute of limitations as pleaded or may confess and avoid it in any manner the law permits.</p> <p>Judgment on Pleadings. — Judgment on the pleadings cannot be entered so long as there remains material issues of fact raised, by the pleadings undetermined.</p> <p>(Syllabus by the court.)</p>