Mitchell v. Fulbright

32 Mo. 551

Opinion

Bates, Judge,

delivered the opinion of the court. .

This proceeding is barred by the act of limitation. (R. C. 1855, title Limitation, Art. 2, § 4, p. 1048.) It being a summary proceeding by motion, in which no form of pleading is prescribed, we cannot require that the act of limitation shall have been formally pleaded. '

Judgment affirmed.

Judges Bay and Dryden concur.