Curtiss v. Sprague

49 Cal. 301 | Cal. | 1874

By the Court, Wallace, C. J.:

The counter-claim was barred by the Statute of Limitations, and, under the provisions of the Practice Act, the plaintiff must be considered to have pleaded the statute by way of replication to the counter-claim.

Judgment reversed and cause remanded for a new trial. Remittitur forthwith.

Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.