#### Evans vs. White et al.

The statute of limitation is not a good plea to a scire facias to revive a judgment. Brown, Robb Co. vs. Byrd, 5 Eng. R. 534.

Writ of Error to Pulaski Circuit Court.

Fowler, for tbe plaintiff.

English, contra.

Mr. Justice Walker

delivered tbe opinion of the Court.

In this case a scire facias issued to revive a judgment. The defendants plead the statute bar of limitation of five years. A motion was made to strike the plea from the files as interposing no defence to the action. The motion should have been sustained. The plea is no bar'to an action of sci.fa. Brown, Robb & Co. v. Byrd, 5 Eng. 534.

Let the judgment be reversed with costs, and the cause remanded to be proceeded in according to law.