1781-03-31 (static/transcriptions/1781/03/052.jpg)

1781. 2 Sittings. [Saturday] March 31.

The 2d Plea of the Defendant, being a Double Plea, pleaded by leave of the Court according to the Statute, was Non Assumpsit infra sex annos: To this Second Plea the Plaintiffs Reply the Action arose out of the Jurisdiction of the late Mayor’s Court, and that they did commence this Action within Six years after the 22d day of October 1774 when this Court was first establish’d.
To this Replication the Defendant demurred, generally.
The Plaintiffs join’d in Demurrer.
On this Demurrer there was Judgment for the Plaintiffs, which in the Record is enter’d, of the First Term 1781.
Impey said on this, that as to this Second Plea, there being a judgment for the Plaintiffs, the Court were now trying, like a jury on a Writ of Inquiry, and the Plaintiffs must have some Dammages and Costs, as to that 2d Plea: and after some little debate among the judges, the whole Court assented to this: And that it must be so even if the Plaintiffs could not, on the First Plea, prove any thing
/ to