Ruggles v. Gatton

This was an action of assumpsit, brought in the Mason Circuit Court, on two promissory notes. An attachment was sued out as the process, but appellee came in and filed pleas; first, non-assumpsit; second, payment, and thirdly, set-off. Issues of fact were formed on these pleas, and a replication was filed to the third plea, setting up the statute of limitations as to the debt set up in the plea. To this replication appellee rejoined,: that appellant was out of the State for five years after the cause of action set out in the plea of set-off, accrued; and to which appellant rejoined that he…