Lawrence v. Peck

Citations

• 3 S.D. 645
• 54 N.W. 808
• 1893 S.D. LEXIS 27

Syllabus

<p>1. To a complaint in tlie usual form upon a promissory note, defendant pleaded a general denial, and that the cause of action alleged in the complaint did not accrue within six years. At the trial, the court, upon motion of plaintiff, compelled the defendant to elect upon which defense he would go to trial. Held, error.</p> <p>2. Such separate defenses are not legally inconsistent with each other.</p> <p>3. But, 'if they were, that of itself, under our statute, would not justify the court in requiring the defendant to stand upon one alone, and abandon the other.</p> <p>(Syllabus by the Court.</p>