
    GENERAL COURT,
    OCTOBER TERM, 1800.
    Cawood vs. Whetcroft, Adm’r. of Hanson.
    The act of limitations is a bar to an action brought within one year after a former action had been struck off.
    This was an action of assumpsit. The writ issued on the 11th of January 1797, and the declaration contained sundry counts. The defendant pleaded several pleas, and amongst others, non assumpsit in-testatoris infra tres annos. The plaintiff replied to this plea, that he did, within three' years after the cause of action accrued, to wit, on the 1st of March 1784, for the recovery of the damages, &c. prosecute a writ of capias ad respondendum, out of Charles county court, against the intestate, and the proceedings in the said action were set out, shewing that the same was referred to arbitrators in 1786, and that no award being returned, it was at the instance of the plaintiff, by order of the court, struck off in August Í796, and that the present suit was brought within one year afterwards, to wit, on the 11th of January 1797. The defendant demurred to the replication; And
    
      Martin, (Attorney General,) and Ridgely, for plain* tiff.
    
      Kilty and Shaaff, for defendant.
   The Generax Court ruled the demurrer good; and gave judgment for the defendant.  