The great West. [volume] (St. Paul, Minn.) 1889-18??, 1892-04-29
Farmers for JUDGES,

The following profound pen jurist
We are prepared
legal lights high judicial learning
should elected fill the this fall the
supreme court bench Nothing could promote public
than for the Alliance nominate and eject
two honest prove
principle the that
reach the justice
and law of any past
well they have and
then whose minds almost always
befogged and FORMS
flgrees regard principle
assertion take the elementary question whether or not
will lie which shows upon
OF action barred by limitations whether this
the time after judgment has been obtained
as NAV SEEM the supreme court has been wrestling
these questions has found solid
ground although nuncated which must followed this
state any understand it,
this question farmer would this The pannh
which and the time
- % b; show that the debit is barred The defendant has the
right Notwithstanding the right tonvoe
the statute This protection is obtained by asking the
apply the which ought be allowed
motion the defendant wants
protection the statute he will for it, he don't want it, ne
don't it, but prefers be honest
the and be dishonest
destroy the only bars the
remedy and though recognized
evil end to litigation 1t unknown prior
Ca 1884 considered dishonest by the civil law All
the the facts which show that the
em but call the attention the court to the facts and ask
the of the statute be applied the complaint does not present
then the defendant them the dendant does
the he will not ask for it, but remain
the plaintiffs claim regardless OF
the attention OF the court directed 20 cne 'ac'S oy
the second instance by plea termed under the code
the third the protection the statute waived
NO" let US see now one supreme coufo euS0 " " ~ .:a
vBawin II Mimi 49, where demurrer not questioned
entertained The Kennedy Williams II Mimi
'l4 where the court held that the complaint SHOWS upon S w
this the rule equity plead
applies that we'll the common law rule II no de-
after Judgment because such
show Of action The first rule correct
because there is principle OF TRUTH law honesty
defendant cannot waive the statute
the remedy The right Inc
asking OF the statute permits the remedy to be d
uated Judgment and therefore the remedy closed ne
be raised after judgment Judgment because
overturned and besides the
statute OF Geo. ~ and the rule at common law before a S'e
hibited such objections
The next case was McAre McArde the
the bar objection may be made after
such objection will not be allowed the complaint
under
apply it, he better uist than Lord
Marshall both Of whom said that the qualify
ing word clearly matter of
the does it demur
clearly tends confusion because it difficult
clearly show the bar unless also shows all
exceptions disabilities The same argument
applies the word conuvy The ruling McArde Nc
approved Mcneil 13 Mnn $780, and followed
II nn % In Mete Mehmke 26 Mnn $685.
proposition namely that after Judgment the
proceedings aside unless the complaint concus
showed that Trebby Simmons 80 Mnn
McArde severely criticised it's
vous question: stating unfortunately made
ruling McArde McArde and result has since been
applying explaining modifying that rule and that twas difficult to
when complaint would clearly concuse snow the par unless
all the EXCEPTIONS
The Humphrey Carpenter 80 Mlnn 49, where the
dmurrab must show that
the action clearly afrmatVey show it,
stands if it be called rule IS this the
plant that the action barred demurrer
concuvey shows this the judgment be set aside For
practical application guide to be worthless
would these
kind of rule he would announce In Ken
ny the allegations the complaint show
the could
therefore the statute cannot to
time OF the last provided in another section
demurrab the complaint
the partial it would have been demuao
Of the Commissioners Pracce VINO
the procedure
would lie equity good under this pro-
at
lie the McAd McAre farmer would