Horsemen International, Inc. v. Le

Alexandria County Circuit Court

Horsemen International, Inc. v. Le

8 Va. Cir. 242, 1986 Va. Cir. LEXIS 57

Alexandria County Circuit Court·Decided November 6, 1986·No. Case No. (Law) 10259·Published

Opinion

By JUDGE DONALD H. KENT

This matter came before the Court on the motion of the plaintiff for summary judgment.

The Court, having considered the motion for judgment and grounds of defense, finds that there are issues of fact which are genuinely in dispute. The defenses alleged by the defendant are not time barred since limitation statutes are not applicable to defenses, but apply only where affirmative relief is sought. Applying this principle of law, the Court further finds that the Third Party Motion for Judgment is time barred.

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By JUDGE DONALD H. KENT

This matter came before the Court on the motion of the plaintiff for summary judgment.

The Court, having considered the motion for judgment and grounds of defense, finds that there are issues of fact which are genuinely in dispute. The defenses alleged by the defendant are not time barred since limitation statutes are not applicable to defenses, but apply only where affirmative relief is sought. Applying this principle of law, the Court further finds that the Third Party Motion for Judgment is time barred.

Horsemen International, Inc. v. Le, 8 Va. Cir. 242, 1986 Va. Cir. LEXIS 57 (Va. Super. Ct. 1986).

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8 Va. Cir. 242 (Horsemen International, Inc. v. Le) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.