State ex rel. Board of Commissoners v. Clark

Debt, upon the bond of a surplus revenue agent, against the sureties of the principal.

The declaration was filed in 1850, but the cause does not appear to have been docketed, as no continuance from term to term appears. It does not appear that any writ was issued. An entry shows that the defendants appeared at the February term, 1855, and subsequently answered, averring, among other paragraphs, “that the cause of action (if any) herein sued on, did not accrue at any time within three years next preceding the time of bringing this action.”

To this the plaintiff demurred, assigning for cause that…