Black v. Nichols

This is an action of account, and comes before this court on report, by which it appears that at the October term, 1874, the defendant was ordered to account, and an auditor was appointed, and at the October term, 1876, the auditor’s report was offered for acceptance. The defendant then offered a plea of the statute of limitations, and claimed a trial by jury. By the terms of the report, if the defendant had the right to then plead the statute of limitations and was entitled to a jury trial, the action is to stand for trial; otherwise, the court is to render judgment on the auditor’s report.

Th…