Shreve v. Whittlesey

Opinion of ike Court delivered by

Tompkins, Judge.

Whittlesey brought this action, oh a promissory note, ’-gainst Shreve. Shreve pleaded the statute of limitations. To this plea the plaintiff replied, first, That at the time when the said cause of action accrued, the plaintiff was beyond Nea, to wit, at Louisville, in the State of Kentucky, and that he brought his action within ten years after his return to this State. To this replication the defendant demurred, and the court gave judgment on the demurrer for the plaintiff.

The plaintiff filed a second replication, by leave of the court, to this…