Kulp v. Snyder

94 F. 613, 1899 U.S. App. LEXIS 3085

• Court: U.S. Circuit Court for the District of Eastern Pennsylvania
• Decided: June 2, 1899
• Docket: Nos. 1, 2
• Status: Published

Opinion

DALLAS, Circuit Judge.

The special plea of the statute of limitations is prohibited in any action ex delicto by the procedure act of Pennsylvania of May 25, 1887. But this act is not to be applied by this court to eases where congress has legislated, and upon the subject of pleadings congress has legislated in section 4920 of the Revised Statutes, under which it seems that defenses other than those there enumerated may be pleaded specially, with as well as without the general issue. See notes to Rob. Pat. § 992. Moreover, the question sought to be raised does not appear to be of any practical importance. If the defendant is entitled to the benefit of the statute, and if, upon the whole evidence, it shall appear that the plaintiff has a valid cause of action which accrued within six years, he will be entitled to recover; otherwise, he wall not be. This can readily be determined as a single issue upon a single trial, and the tendency of the courts at this day is to regard with disfavor the interposition of inconsequential points of technical pleading. The plaintiffs rule to strike off the defendant’s pleas, etc., is discharged.