5 S.D. 325 | S.D. | 1894
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