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WHARTON v. LOWREY

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2 U.S. 364 (1796)

2 Dall. 364

WHARTON'S Executors, versus LOWREY.

Circuit Court, Pennsylvania District.

October 1, 1796.

Attorney(s) appearing for the Case

Dallas, for the defendant.

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 forefee 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.

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