1778-03-25 (static/transcriptions/1778/03/039.jpg)

1778. 2 Term. Wednesday March 25.

Wednesday March 28th 1778.
Present
Chambers; at Ten.
&
Hyde: at Nine and an half.
I was at the Court House at Ten minutes after Nine, and went into Court at half an hour after Nine. I heard all the Motions and had just done when Sir Robert Chambers came.
The first cause call’d, was the demurrer, in the cause of

Bostom Churn Bose
v
John Gordon Haliburton.
Mr. Morse for the Defendant.
The Defendant has pleaded that the assault and cause of action accrued about four years before the action commenced; the Plaintiff has replied that about a year after the assault he was imprison’d by a third person at Chittagong, and commenced his action with four years after his enlargement. To this Plea the Defendant has demurred and the Plaintiff has join’d in Demurrer. The only question therefore is, whether this Replication of imprisonment be a sufficient answer to the Plea of the Statute
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