Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Seventh Circuit· 8/9/1954

Kincheloe v. Farmer

Citations

  • 214 F.2d 604

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a plaintiff must “extricate himself” from a pleading that, on its face, indicates the statute of limitations bars the action by alleging applicability of an exception in the complaint or an amendment
  • holding that, once a plaintiff has pled facts in the complaint indicating that the statute of limitations is a complete or partial bar to an action, the plaintiff must plead facts establishing an exception to the affirmative defense
  • holding that a plaintiff must “extricate himself” from a pleading that, on its face, indicates the statute of limitations bars the action by pointing to facts which might show the applicability of an exception in the complaint or an amendment
  • holding that a plaintiff must “extricate himself” from a pleading that, on its face, indicates the statute of limitations bars the action by pointing to facts which might show the applicability of an exception in the complaint or an amendment
  • when “allegations of [plaintiff’s] complaint erected [the affirmative defense]... it was his duty in order to extricate himself therefrom to plead any exceptions upon which he relied”
  • It is plaintiff’s duty to plead any exception to the statute of limitation bar

Source: CourtListener parenthetical corpus (CC0).

Judges: Major, Finnegan, Schnackenberg

Read full opinion on CourtListener

Cited by

65 cases in this archive cite this case; the 20 most cited are listed.

Cites

3 cases in this archive are cited by this case.

Other cases named Kincheloe v. Farmer

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.