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Pharris v. Downing

1 Cal. Unrep. 769 Court Cal. Decision date 1873-01-22 Docket No. 2769 English

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p. 769
S. P. PHARRIS, Respondent, v. WM. S. DOWNING, Appellant.
No. 2769;
January 22, 1873.

Headnote

Pleading. — The Statute of Limitations; in Order to foe Availed of as a defense, must have foeen pleaded.
APPEAL from Twelfth Judicial District, San Mateo County.
A. Teague for respondent; H. A. Scofield for appellant.

— It appeared upon the argument had at the bar that the only point upon which reliance is placed to reverse the judgment is that the action is barred by the statute of limitations. It appears, however, upon looking into the record, that the statute is not pleaded.

Judgment affirmed.