Schlosser v. Lesher
Supreme Court of the United States
This was an action of indebitatus assumpsit for goods sold and delivered. The defendant pleaded non assumpsit, and non assumpsit infra sex annos : the issue on the non assumpsit was tried, and a verdict found for the plaintiff. To the plea of the statute of limitations, the plaintiff replied, a writ of summons issued on a particular day, within the six years, which was returned nihil.
1Opinion of the Court
and delivered the opinion of the court as follows :
Shippen, President.
Two points have been made in this case by the defendant’s counsel: 1st, That it does not appear that the process was issued for the same cause of action, as it is not continued to the time of filing the declaration. And 2d, That if this did appear, the second action should have been brought within a reasonable time after the expiration of the six years; which reasonable time they restrict to one year.
As to the first point, it is agreed by the counsel on both sides, and it is undoubtedly the law, that where an original is…
2Cited by3 opinions
- Oil & Gas Well Supply Co. v. GartlanWest Virginia Supreme Court · 1905
- Westmoreland Bank v. RaineySupreme Court of Pennsylvania · 1832
- Bullock v. WilcoxSupreme Court of Pennsylvania · 1838