Herring v. Poritz

In this case, the declaration was upon the common counts in assumpsit. Among other pleas by defendants, was that of the Statute of Limitations of five years, to which plaintiff replied, the bringing of a former suit upon the same causes of action within that time, in which he was non-suited, averring that the time limited from bringing such action expired during the pendency of that suit, and that he brought this present suit within one year from such nonsuit. Defendants, by rejoinder, traversed the averment that plaintiff was nonsuited in such former suit; and by further rejoinder, averred…