Court Of Common Pleas, We...
(SittitF.Ts i. P,;" --' 7------ wals was an acuon torecover a sum of money due from the plain. ti6fand two others. The defence set up was, the Statute of Limita- tions; but on the trial it apEred that one of the defcendants had acknowledged the debt withn uix years. 'The questlon now for the pfinohn ofthre aCourt as3, whether this cdmission wzas sufficient to The LORtD CHIZEF JUSTrcE this morning pronounced the judgment of the Court, whiclle that the other defendants were bound by the admission of onc of eem. This opinion, he added, was founded onthe,natureof the Statute of Liumtations, the efect of an ackno'vledgwnent untder that statute being to revive, and not to create a premise to say. The promise. under the circumstances of the case, wa' revivea suflidently to makeall tle partits liable. LADY SALTOUN V. HOUSTON, EXECUTOR. In this case a rule wal obtained veterlay by Air. Sergeant TADDT, tosholw cause whyjudgmentshould not be entered up de btnis tetatoris, et, si non, debonis.proprUiis. Mr. Sergeant D'OYLY was this day. about to show cause against the rule, when the Courtintimiiated that it was unnecesary, dcalleUd on Mr. Sergeant Tadaly to support the rule. It was added, that the Court were taken by surpriseyesterday, or they woulld not hav^ -ranted the rule, as the pactice in these cases was quite plain. Mr. Sergeant TADDY said, he did not mean to dispute the prac. tice, buthe ubmitted that by aU the caes on the point in the books, ane xecutor was never made per3onalir liable for costs, unless he Lbd made a false plea, or bad been goi tr of delay. M31..Juszice GASELEE observe thai if an executor pleadei bene idmtnj vtra,nt,pr1ter, aertain surn- amely lO._and that verdict and _;g ent were given for the plainiff; e (plaintiff) would be qct.ied totecoverso much moneyas rernainrt in. theexecutors lia.ds. The keetring back of that sum eren for a moment-was a delay for which tne exectior world be liable in costs, The other Judges co,icurftd in tlis opinion, and the rule was otder ito be discnarged. Wbis was tle Jut day of term. COURT OF COAIMION PLPAS. Wv-.- 'r-- PELHAM V- AkYNEt AR AT