¶1Considerations respecting the merits of the cause ought not to weigh in the determination of the present question. The complainant could not foresee that the statute of limitations would be pleaded, and it is in order to bring before the court an essential fact arising from that plea, that the amendment is proposed. The rule made absolute.
29 F. Cas. 855
Wharton v. Lowrey
U.S. District Court
Decided July 1, 1796
U.S. District Court · decided 1796-07-01
Bill in equity. The bill was filed in October. 1793, to open an account which had been settled and signed by the complainants in April. 17.31. touching the transactions between the testator and the defendant, while commissaries in the American army, during the Revolutionary war. The bill charged the defendant tamong other fraudulent practices) with making erasures in the complainant's books, and also set forth a number of specific-errors and overcharges in the account.
Decided 1796-07-01