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>