Noah Haynes Swayne

“ The complainant thereupon appealed to this court.
Our reasoning in the case at law and the authorities there cited are applicable here. It appears on the face of the bill that the case which it makes is barred by the Statute of Limitations, and that the excuse of concealment of 'the cause of action' by the defendants is not so alleged as to avail the complainant. This defect can be taken advantage of by demurrer. Rhode Island v. Massachusetts, 15 Pet. 233; Maxwell v. Kennedy, 8 How. 210. The objection of laches is also fatally apparent. ”

“ In this case it does not appear what amendment or amendments the appellant desired to make, nor that the court below in any wise abused the discretion with which it was c othed. Error must be shown affirmatively. It cannot be presumed. ”