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1 Root 471

Allen v. Rogers

Supreme Court of Connecticut

Decided September 15, 1792

Supreme Court of Connecticut · decided 1792-09-15

Eekoe to reverse a judgment of a justice in an action of book-debt Eogers v. Allen. To wliicli the defendant plead in bar — That having prayed oyer of the plaintiff’s book; all the articles charged therein were delivered more than six years before the date and im-petration of the plaintiff’s writ, and by the statute in addition to an act concerning book-debts the plaintiff was barred of any recovery.

Decided 1792-09-15

¶1Judgment — -Manifest error; for said Allen’s action was no bar to Rogers’s suing for his debt; and the statute is peremptory unless the debt is sued for within the time limited, and said Allen’s action did not put said Rogers’s book in suit, although he might have recovered in that action the balance which was due to him.

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