Carter v. Vandegrift
Citations
- 74 Pa. Super. 26
- 1920 Pa. Super. LEXIS 82
Syllabus
<p>Practice, municipal court — Sufficient statement of claim — Statute of limitations — Pleadings.</p> <p>The statute of limitations, as a defense upon the facts, 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 take judicial notice on the plaintiff’s presentation of the case either in his declaration or at the trial, for if the defendant does not choose to make it it is not part of the case.</p>
Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler
Read full opinion on CourtListenerCited by
5 cases in this archive cite this case.
- Prettyman v. IrwinSupreme Court of Pennsylvania· 1922-04-10· cited 41×
- Hoagland v. MulfordPhiladelphia County Court of Common Pleas· 1929-06-10
- Ratto v. Pennsylvania Coal Co.Luzerne County Court of Common Pleas· 1930-01-02
- Brazinski v. MikatavageSchuylkill County Court of Common Pleas· 1937-04-19
- Harmony Twp. School Dist. v. United States F. & G. Co.Beaver County Court of Common Pleas· 1945-05-15
Cites
1 case in this archive is cited by this case.
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