The plaintiff, on the 20th day of September, 1834, sued out a writ in ca.se for slanderous words, commanding the sheriff to take the “ body of Henry Tritt for Archibald Tritt,” to answer, &c. At Pall Term, 1834, the sheriff returned the writ “ executed on Henry Tritt — A. Tritt not to be found.” No process issued from this Term against Archibald Tritt.
Good law ✅— No negative treatment on recordhow we know
Decided 1837-12-05
How this case has been cited
Cited by 5 later decisions — most recently March 1934
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
after stating the case as above, proceeded : — We agree with the judge, that the plaintiff’s action was barred by the act of limitations. If the original writ had been correctly issued against Archibald Tritt, returnable to Fall Term, 1834, as he was not arrested, the plaintiff should have issued an
alias
from that term. There was not an
alias
issued from that term, and the first suit was
discontinued.
The writ, which issued on the the 15th of April, 1835, against Archibald Tritt, must be considered the original in this action. The words were spoken by the defendant more than six months before the 15th April, 1835. We are of opinion that the judgment must be affirmed.
