Taylor v. . Spivey

33 N.C. 427

Opinion

Peabsoit, J.

This was a warrant on a former judgment of a single justice. The defendants relied on the statute of limitations. The plaintiffs in the replication alleged a' new promise within the seven years. His Honor correctly decided, that the statute could not thus be met. The replication of a new promise is confined to actions ‘on promises.” This is settled in this State and England.

The other instructions were uncalled for; at all events the plaintiffhas no right to complain of them.

Per Curiam, Judgment affirmed.