CAREY, Judge.
In opposing the present motion, the plaintiff contends that a plea of the statute of limitations, being an affirmative defense, is waived when not relied on in the original answer. Burton v. Waples, 3 Har. 75, is cited. In that case, the Court held that the plea is to the remedy and not to the substance of the action; that it deals with the legal merits as contrasted with the real merits. It was indicated that the Court had no power to...
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