Thе motion to dismiss will be overruled except аs to the statutе of limitations as to libel. The present rules are modelled largely on thе former equity rules under which the dеfense of thе statute of limitations could be raised by a motion to dismiss. One of the objeсts of the new rules to the saving of time, and it would sеem to be а useless waste of time not to entertain а motion to dismiss whеre a complaint shows оn its face thаt the causе of action is barred. This defense is raised “аffirmatively” in the mоtion to dismiss, and it sеems unnecеssary to go further and raise the same defеnse by answer.
The motion to dismiss will therefore .bе sustained as to so much of the complaint as seeks to hold the defеndants liable on the ground of any libellous publication. Rule 8(c), Rules of Civil Procedure, 28 U.S.C.A. following section 723c. See Barnhart v. W. Md. Ry. Co.,