Liskey v. Paul

Citations

• 100 Va. 764
• 42 S.E. 875
• 1902 Va. LEXIS 84

Syllabus

<p>1. Motion fob Judgment&emdash;Pleadings&emdash;Statute of Limitations Applicable to Whole Claim, But Not so Pleaded&emdash;Harmless Error.&emdash;The pleadings on a motion for a judgment for money, after notice, are intended to be of an' informal nature, except where statutes require as under sec. 3299 of the Code; and where a plea of the statute of limitations in form applies to only two out of three claims sued on, but it iis clear that both parties and the court treated it as to all the claims sued on, and all were in fact barred by the statute, and the trial court so held, its judgment will not be though technically erroneous. The effect of a reversal would be to order a new trial, when the pleadings could be so amended as to make the plea applicable to all the demands, and hence the error is harmless.</p> <p>2. Statute of Limitations&emdash;Promise to Settle and Pay Balance&emdash;Obstruction Under Code, Sec. 2933.&emdash;A promise to settle and pay the balance found due on the settlement will not stop the running of the statute of limitations during the time such settlement is It is at most only a promise to pay an unascertained balance which is not sufficient. Nor is such a promise an obstruction of the plaintiff’s right .within the meaning of sec. 2933 of the Code; nor does the mere failure to comply with such promise amount to a fraud on the plaintiff, even if fraud could be relied on in a court of law to repel the bar of the statute of limitations.</p>