Taylor v. . Spivey
33 N.C. 427
N.C.
1850
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This was a warrant on a former judgment of a single justice. The defendants relied on the statute of limitations. The plaintiffs in the replication alleged a new promise within the seven years. His Honor correctly decided that the statute could not thus be met. The replication of a new promise is confined to actions "on promises." This is settled in this State and England.

The other instructions were uncalled for; at all events, the plaintiff has no right to complain of them.

PER CURIAM. Judgment affirmed.

Cited: Hewlett v. Schenck, 82 N.C. 235. *Page 305

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