1778-07-08 (static/transcriptions/1778/07/009.jpg)

1778. 3 Term. [Wednesday] July 8th.

To this Action there was a Plea that the Cause of Action did not accrue within Six Years before the Commencement of the Action. To this Plea there was a Demurrer in the usual general Terms and also Cause of Demurrer assign’d “that the Action is an Action of Debt against the Defendant as Sheriff for an Escape; and that the Debt for which the Action is brought is founded on a Fort and does not arise on any lending or Contract whereof the Statute of Limitations speaks, the said Statute ought not to pleaded in bar to the said Action.”
To this Plea in Demurrer, there was a Joinder in Demurrer by the Defendant.
There was no argument, because Mr. Brix who was for the Defendant gave up the Demurrer as indefensible for the Reasons stated on the Record, and there was therefore Judgment on Demurrer for the Plaintiff.
Though it was not argued Mr. Tilghman, who was to have argued for the Plaintiff, if the Defendant’s Council had not declined arguing it, stated some part of what he meant to have argued, which was
in