Searls v. Knapp
Searls v. Knapp
Opinion of the Court
The plaintiff brought s uit upon two promissory notes of even date, which, according to the recitals of each, became due November 1,1884, and November 1,1885, respectively. The defendants admit the execution and delivery of the notes, and plead the statute of limitations by way'of answer and in bar of the action. At the trial the notes were offered and received in evidence without objection, and the plaintiff rested his case Upon-motion of counsel for respondents, the court directed a verdict in favor of the defendants, for the reason that the notes in evidence upon their face showed that the action is barred by the statute of limitations. From a judgment entered thereon, and from an order denying a new trial, plaintiff appeals.
Counsel for appellant urges that the statute. of limitations
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- Syllabus
- 1. An averment in an answer that the cause of action set forth in the com-complaint did not accrue within six years of the commencment of this action; sufficiently pleads the statute of limitations, and, when established by competent evidence, the burden of proof is upon the plaintiff to relieve himself from its operation. 2. A trial court will take judicial notice of all ’the necessary proceedings, pleadings and jurisdictional papers in a case when before it for determination, and the same need not, upon the trial, be introduced in evidence. 3. When the judgment of a trial court is assailed on appeal, and the question of its validity must be settled by the adoption of a presumption, this court will entertain a presumption in favor of such judgment, instead of one that will overthrow the same; and when the date of the commencement of the action becomes material in order to sustain a judgment appealed from, and the record fails to disclose when the summons was served or the action commenced, this court will presume that the summons and return thereon were judicially noticed, and that the judgment was supported by such official knowledge. (Syllabus by the court.