Deshler v. Cabiness

ORMOND, J. The case of St. John v. Garrow, 4 Porter, 223, is identical with this case. There, as here, the admission was made before the statute operated as a bar, and the effect of this admission was to postpone the operation of the statute three years longer. As the suit was commenced within the three years, the court correctly instructed the jury that the admission of the correctness of the account, if believed by them, took the case out of the statute. Let the judgment be affirmed.