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SCHLOSSER v. LESHER

1 U.S. 411 (1789)

1 Dall. 411

SCHLOSSER versus LESHER.

Supreme Court of United States.

Attorney(s) appearing for the Case

Whether the replication contained matter sufficient to prevent the bar of the statute of limitations, was the question; and after an able discussion by Ingersol and Sergeant, for the Plaintiff, and Levy and Todd, for the Defendant.

THE PRESIDENT stated the material circumstances and arguments, and delivered the opinion of the Court as follows:

SHIPPEN, President.

Two points have been made in this case by the Defendant's counsel: — 1st, That it does not appear that the process was issued for the same cause of action, as it is not continued to the time of filing the declaration. And, 2dly, That if this did appear, the second action should have been brought within a reasonable time...

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