Pease v. Peck
Supreme Court of the United States
■ This case was brought up by writ of error for the circuit court of the United States for the district of Michigan. The case is stated in the opinion of the court.
1Opinion of the CourtJustice Grier
Peck the plaintiff below, declared against Pease in an action of debt on a judgment obtained in the circuit court of the territory (now State) of Michigan, at the term of January, 1836. The defendant pleaded the statute of limitations of eight years; to which the plaintiff replied that he did not at any time reside in the State of Michigan, but in parts “ beyond seas,” to wit, in the State of New York.
’ The defendant demurred to the replication.
The objection to this replication is not to the construction of the statute which is assumed by the plaintiff to govern the case, or an allegation…
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