Wharton v. Lowrey

U.S. Circuit Court for the District of Pennsylvania

Wharton v. Lowrey

29 F. Cas. 855, 2 U.S. 364, 2 Dall. 364

U.S. Circuit Court for the District of Pennsylvania·Decided July 1, 1796·Published·Cited by 11 cases

Opinion

BY THE COURT.

Considerations respecting the merits of the cause ought not to weigh in the determination of the present question. The complainant could not foresee that the statute of limitations would be pleaded, and it is in order to bring before the court an essential fact arising from that plea, that the amendment is proposed. The rule made absolute.

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Wharton v. Lowrey, 29 F. Cas. 855, 2 U.S. 364, 2 Dall. 364 (circtdpa 1796).

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