General

Frederick Barnard v. Benjamin O. Taylor

5 D.C. 4035 Cranch 403·United States Circuit Court of the District of Columbia·1838

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Opinion

Frederick Barnard v. Benjamin O. Taylor. Hot guilty -within three years, is a good plea in trover. Trover ; plea, not guilty within three years. General demurrer. Mr. Hoban, for the defendant, contended that the plea should have been actio non accrevit; and cited the case of the Union Bank v. Chason, at November term, 1835, (not reported); Dys-ter v. Battye, 3 B. & A. 448 ; and Richmond v. Richmond, 3 Hal-stead, 55. Mr. Key, control, cited the case of the Bank of Columbia v. Ott’s Administrator, in this Court, (2 Cranch, C. C. 575.) The Maryland Act of Limitations of 1715, and Evans’s Harris’s Ent. 48. [MAJORITY — The Court] The Court (nem. con.) overruled the demurrer.