 | Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 666 pages
...not be taken by demurrer. law, must be by answ" It has been enacted in at least five of the States that the objection that the action was not commenced...within the time limited, can only be taken by answer. This was the rule of practice at law in this State prior to the adoption of the Code, though it was... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...different limitation is prescribed by statute, and in the cases mentioned in section seventy-three. But the objection that the action was not commenced within the time limited, can only be taken by answer. CHAPTER II. The time of commencing actions for the recovery of real property. SECTION 75. When the... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...for &71. Civil actions can only be commenced withinthe periods commenc- f roe* obolstcenty-three. But the objection that the action was not commenced within the time limited, can only be taken by answer. CHAPTER II. The time of commencing actions for the recovery of real property. SECTION 75. When the... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...different limitation is prescribed by statute, and in cases mentioned in section seventythree. But the objection that the action was not commenced within the time limited, can only be taken by answer. The amendment consists in the addition of the wordi at the end printed in italic. CHAPTER II. Time... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...ac"°™ferent limitation is prescribed by statute, and in the cases mentioned in section seventy-three. But the objection that the action was not commenced within the time limited, can only be taken by answer. § 99. An action is commenced as to each defendant men acwhen the summons is served on him, or on a... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...special cases, a different limitation is iribed by statute, and in cases mentioned in section seventyBut the objection that the action was not commenced within the time limited can only be taken by answer. CHAPTER II. Time of commencing actions for the recovery of real property. presci three. SCCTION 75.... | |
 | Oregon - Law - 1855 - 670 pages
...except when in special cases a different limitation is prescribed by statute. But in the District Court the objection that the action was not commenced within the time limited, can only be taken by answer. within " SEC. 2. The periods prescribed in the preceding section for the twenty years . xn .• **... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...différent limitation is prescribed by statute, and in cases' mentioned in section seventythree. But the objection that the action was not commenced within the time limited can only be taken by answer. 4. This applies to causes of action which accrued before the code took effect. , Lt/ert» т. Hollietcr,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1859 - 616 pages
...the plaintiff's counsel overlooks the provision contained in section 74 of the Code, which declares that " the objection that the action was not commenced...within the time limited, can only be taken by answer." So that evidently this allegation is unnecessary. "Whatever may be the time stated in the complaint... | |
 | Nathan Howard (Jr.) - Civil procedure - 1862 - 612 pages
...I have no doubt that, by the Code, the objection that the action, whether it be equitable or legal, was not commenced within the time limited, can only be taken by answer ; for such is the plain and obvious import of section 74. (See Le/erts agt. Hollister, 10 How. Pr.... | |
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The objection, that the action was not commenced within the time limited, can be taken only by answer. 
