Fisher's v. Duncan

The principal questions decided in this cause were, 1st. Whether in an action upon the case against an executor charging an assumpsit of the testator, and on the plea of non-assumpsit by the testator within five years, the repeated promises of the executor, within five years, to pay the debt could be given in evidence so as to take the case out of the statute of limitations; and 2dly. How far a Court may instruct the Jury as to the sufficiency of evidence.

The suit was originally brought in the County Court of Prince George, by the ap-pellees against the appellant, as executor of Daniel…