Publisher's Synopsis
Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 3: In the Eastern District; With References to Cases in the Subsequent Reports; Containing the Cases Decided at December Term, 1837, and March Term, 1838
Both acts ought to be construed together, and the question which is in operation determined. Both cannot be sustained, for that would produce the entire discharge of the debt, and not a mere temporary suspension. It never could have been the intention of the legislature to prevent a creditor from suing for seven years, and then bar his claim, because he did not sue within six years. If the act of limitations be now running against the plaintiff's claim, and the act of 1814 be not sufficiently powerful to arrest its pro gress, the latter cannot drive the plaintiff out of court, who is in court, in obedience to the requisitions of the former act of assem bly. The act of 1814 either repeals the act of limitations, or must conform to it. To allow them to sustain a position independent of each other, will require the court to perform acts of absurdity and injustice.
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