Kilheffer v. Herr

The opinion of the court was delivered by

Rogers, J.

This is an action on the case for the continuance of a nuisance, to which the defendant has pleaded not guilty, license, and the statute of limitations. Replication, No license, actio non ac~ icrevit infra sex annos, issues, and rule for trial. To maintain the issue on his part, the plaintiff gave in evidence, among other things, the record of a suit in the Common Pleas of Lancaster county, to the April term, 1815, No. 308, Christian Kilheffer v. Benjamin Herr, in which the pleas were not guilty, license, and the act of limitations, issue,…