Jordan v. Herrick

Citations

• 102 Miss. 487
• 59 So. 809

Syllabus

<p>1. Limitation of Actions. Pleading. Counterclaim.</p> <p>In order that the statute of limitations may be availed of as a defense, it must be pleaded, so that the other party to the litigation may have an opportunity of avoiding it by setting up facts which remove the bar of the statute.</p> <p>2. Claims. Counterclaims. Statute of Limitations. Pleading.</p> <p>Where a defendant in a suit against him pleads a set-off larger than the plaintiff’s demand and seeks to use it not merely as a defense to plaintiff’s demand but also, to recover of plaintiff the difference, if plaintiff desires to avail himself of the statute of limitations he must plead it.</p> <p>3. Same.</p> <p>The same reasons for pleading the statute exist, when it is sought to be used as a bar to a defendant’s demand for judgment over against a plaintiff, as would exist if defendant, instead of setting up bis demand by way of counterclaim, bad instituted an original suit against tbe plaintiff to recover it..</p>