1780-11-14 (static/transcriptions/1780/11/021.jpg)

1780. 4 Term. [Tuesday] Nov. 4.

in fact otherwise, the Defendant should, in order to avail himself of the Limitations in the Statute, shew, that the Plaintiff and himself were in such situations, that the Plaintiff might have sued in the Mayor’s Court.
We decide nothing on the Case, of Causes of Action which may have subsisted Six years, during the time of the establishment of this Court, and between Parties who appear on the Pleadings to be subject to the Jurisdiction of this Court.
There must be judgment for the Plaintiff on this Demurrer: The Defendant has already Pleaded over to the Trespass Not Guilty.
Mr. Justice Chambers. I am of the same Opinion. I will only observe for the use of the Gentlemen at the Bar, that the determination of this case, does not decide on any case in which it shall appear on the Pleadings, that the Action might have been brought in the late Mayor’s Court.
/ Mr. Justice Hyde.