Oliver Wendell Holmes, Jr.

“ Of course, all defenses disclose conditions precedent to the successful maintaining of the action; but more than that must be meant, and we take the argument to be that the statute extinguishes the right if the suit is not brought in time, and therefore creates a condition precedent to the right of the appellees. But that abstract proposition does not decide the case. The question before us is a question of pleading, and not every matter that may affect the existence of the right at the time of bringing suit must be dealt with by the plaintiff in stating his cause of action. ”

“ A release under seal destroys a right as fully as prescription could, yet a plaintiff does not have to deny a release in his declaration. Usually, if facts have arisen since the cause of action accrued, that take it away, it is more convenient and it is required that the defendant should allege them, rather than that the plaintiff should be called on to deny in the first place all possible matters of that sort. ”

“ By the statute of Porto Rico approved March 1, 1902, § 199, under which the appellant says that the appellees proceed, 'An action to claim filiation may be filed at any time within two years after the chiled shall become of age,' etc. It appeared in evidence that the appellees became of age more than two years before this action was filed. ”