
    [*] RITTENHOUSE against SEARGENT.
    ON CERTIORARI.
    The reason assigned for the reversal of the judgment of the justice was, that the justice has refused to the defendant below, the benefit of the statute of limitations. The fact was, that the defendant had pleaded the statute; but the verdict and judgment were against him.
   By the Court.

This was a question of fact for the determination of the jury. It appears by the record, that witnesses were examined; it is not for this court to say that the jury have erred in deciding this question of fact.

Judgment affirmed.  