Otokichi v. Sekijiro

Citations

• 23 Haw. 234

Syllabus

<p>Pleading — demurrer—statute of limitations.</p> <p>In an action at law where the complaint shows on its face that the cause of action is barred by the statute of limitations the bar of the statute may be pleaded by demurrer, in which case the demurrer should be sustained.</p> <p>Limitation of Actions — directed, verdict.</p> <p>The plaintiff's complaint showed prima facie that the cause of action sued on was barred by the statute of limitations; a demurrer to the complaint on that ground was overruled; the defendant pleaded the general issue, and, no rule of court requiring him to plead the statute, gave notice in his answer that he would rely on the bar of the statute as a defense; plaintiff at the trial introduced evidence proving his case as alleged but offered no evidence tending to prove any fact taking the case out of the operation of the statute: Held, that the trial court properly directed the jury to find a verdict for the defendant.</p>