Shepherd v. Thompson

At the first trial the judge ruled that this instrument was insufficient to take the case out of the statute of limitations, and a verdict and judgment were rendered for th defendant, which, upon a bill of exceptions of the plaintiff, were set aside at the general term. 1 Mackey,385. At the second trial. the judge, against the objection and exception of the defendant, instructed the jury that this instrument was evidence of a new promise, which took the notes sued on out of the statute of limitations. A verdict and judgment were rendered for the plaintiff, and a bill of exceptions to this instruction was tendered and allowed. This judgment was affirmed in general term, and the defendant sued out this writ of error.

A. C. Bradley and ''Wm. F. Mattingly'', for plaintiff in error.

M. F. Morris and H. H. Wells, for defendant in error.

Mr. Justice GRAY, after stating the case as above reported, delivered the opinion of the court.