
    Case No. 1,008.
    BARNARD v. TAYLOE.
    [5 Cranch, C. C. 403.] 
    
    Circuit Court, District of Columbia.
    March Term, 1838.
    Pleading—Trover—Limitations.
    Not guilty within three years, is a good plea in trover.
    [At law. Action by Frederick Barnard against Benjamin O. Tayloe.] Trover; plea, not guilty within three years. General demurrer.
    [Overruled.]
    Mr. Hoban, for the defendant,
    contended that the plea should have been actio non accrevit; and cited the case of Union Bank v. Chason, at November term, 1835, (unreported;) Dyster v. Battye, 3 Barn. & Aid. 448; and Richman v. Ricliman, 3 Hals. [8 N. J. Law,] 55.
    Mr. Key, contra,
    cited the case of Bank of Columbia v. Ott’s Adm’r, in this court, [Case No. 879;] Maryland Act of Limitations of 1715; and Evans’ Harr. 48.
   THE COURT

(nem. eon.) overruled the demurrer.  