Morris v. Lyon

Citations

• 84 Va. 331
• 4 S.E. 734
• 1888 Va. LEXIS 84

Syllabus

<p>1. Practice at Common Law—Statute of limitations—Replication—Demurrer.— In action of detinue defendant pleaded that the cause of action did not accrue within five years next before action brought. Plaintiff replied admitting averment of plea, but averring subsequent acknowledgment by defendant of title in plaintiff made within five years. Defendant demurred to this replication:</p> <p>Held: The demurrer was properly sustained. Code 1873, ch. 146, and 20.</p> <p>2. Idem—-Plea in bar—Replication—Demurrer—Judgment.—-If plea be to whole declaration, and defendant’s demurrer to plaintiff’s replication to such plea be sustained, judgment will be given that plaintiff take nothing by his bill, and that defendant recover against him his costs.</p>