Houts v. Bartle

South Dakota Supreme Court
Houts v. Bartle, 14 S.D. 322 (S.D. 1901)
85 N.W. 591; 1901 S.D. LEXIS 18
Fueeek

Houts v. Bartle

Opinion of the Court

Fueeek, P. J.

As every defense for which the legislature has provided is meritorious, there was no abuse of judicial discretion in allowing the statute of .limitations to be set up by way of an amendment to the answer filed in this case. Garvie v. Greene, 9 S. D. 608, 70 N. W. 847. The facts before us as to the running of such statute are practically identical with a case just decided (Houts v. Hovne, 14 S. D.-84 N. W. 773), where it is held that plaintiff's cause of action is barred b)*- the statute, and for the same reason the judgment from which this appeal was taken is affirmed.

Reference

Cited By
6 cases
Status
Published
Syllabus
Since every defense provided by tbe legislature is meritorious, it was not an abuse of discretion to allow tbe statute of limitations to be set up in an amended answer.