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UNION PACIFIC RAILWAY v. WYLER

No. 217.

158 U.S. 285 (1895)

15 S.Ct. 877

39 L.Ed. 983

UNION PACIFIC RAILWAY COMPANY, v. WYLER.

Supreme Court of United States.

Decided May 20, 1895.

Attorney(s) appearing for the Case

Mr. A.A. Hoehling, Jr., and Mr. Samuel Shellabarger for plaintiff in error. Mr. John W. Beebe, Mr. J.F. Dillon, Mr. H. Hubbard, and Mr. J.M. Wilson were on their brief.

Mr. W. Hallett Phillips for defendant in error. Mr. T.P. Fenlon, Mr. J.W. Jenkins, and Mr. W.C. Wells filed a brief for same.

MR. JUSTICE WHITE, after stating the case, delivered the opinion of the court.

It was claimed at bar that the demurrer filed instead of being to the last answer, was to the first amended answer, and therefore that it was addressed to the third ground therein set out, that is to say, the plea of limitation under the Kansas statute, and that the general denial, instead of being addressed to the second ground in the last amended answer, applied to the second ground in...

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