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1 D.C. 579

Marsteller v. McClean

District of Columbia District Court

Decided November 15, 1809

District of Columbia District Court · decided 1809-11-15

<p>The disability of one joint plaintiff dbes not take the ease out of the statute of limitations.</p>

Decided 1809-11-15

The Court

¶1were of opinion that the replication of coverture as to some of the plaintiffs, and of infancy as to others, is not a good replication to a plea of the statute of limitations.

¶2Where adults and infants have a joint right of action for trespass, the incapacity of the infants shall not avail the adults so as to avoid the statute of limitations.1

¶3 Judgment affirmed in the Supreme Court of the United States, 7 Cranch, 156.

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