Bond v. Allen

U.S. District Court

Decided July 1, 1796

U.S. District Court · decided 1796-07-01

At law. On exception taken to the defendant’s plea; grounded on the fourth section of 1789, 23, 677, respecting the limitation of time for bringing suit against administrators and executors.

[Sustained · Decided 1796-07-01

¶1THE COURT

(PATERSON, Circuit Jus-tice, and SITGREAYES, District Judge),

¶2held that the fourth and fifth sections of that act must be taken together; that the defendant ought to ha Ye entitled himself to the benefit of the fourth section, by showing he had complied with the requisites of the fifth; and as this was not set forth, the plea was overruled. See Blount v. Porterfield, 2 Hayw. [N. C.) 161; McLin v. McNamara, 2 Dev. & B. Eq. 82; Salter v. Blount. Id. 218.