Harris v. Dennis
Supreme Court of Pennsylvania
THIS was an action for work and labour done as a physician. The defendant pleaded non assumpsit infra sex anuos, and actio non accrevit infra sex annos.
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THIS was an action for work and labour done as a physician. The defendant pleaded non assumpsit infra sex anuos, and actio non accrevit infra sex annos. The plantiff replied, that within six years from the time the cause of action accrued, viz: to June Term, 1798, he brought suit in the Court of Common Pleas of Philadelphia county, against the defendant, who appeared to the action : That it was carried on until the 25th of October, 1810, when, by order of the said court, he was non-suited: That afterwards, viz: on the 29th of November, 1810, he sued out the writ in this action, and that both…
1Opinion of the Court
Tilghman C. J.
The question in this case turns upon the act of limitations. -.The plaintiff commenced his action within six years, in the Court of Common Pleas. Before it came to trial, the six years expired.. On the trial the plaintiff was nonsuited, and then brought the present action in this Court, one month and four days after the nonsuit. These facts being disclosed in the plaintiff’s replication to the plea of the act of limitations, the defendant demurred, and the plaintiff joined in demurrer.
The act “ for limitation of actions,” (passed 27th March, 1713,) 1 Sm. L. 76, enacts, that…
2Cited by2 opinions
- Lamkin v. NyeMississippi Supreme Court · 1870
- Lynn v. M'MillenSupreme Court of Pennsylvania · 1831