Buckner v. Johnson

Tompkins* Judge,

delivered the opinion of the court.

Johnson brought his suit in the circuit court against, Buckner, and there had judgment. To reverse this judgment Buckner prosecutes his writ of error. The action was founded on a promissory notedated 10th March 1821, the suit was instituted 29th’July 1833, and the trial took place on thefhst day of October 1834. The defendant pleaded that he did not undertake and promise within ten years next before the commencement of the action. The plaintiff replied that he did undertake and promise since the execution of said note and within ten years…