I am not satisfied but that the time elapsed during the pendency of the former action should be rejected, and then the plaintiff is not barred.
Sic adjournatur. Vide Str., 907; 3 Term, 664.
NOTE — See Pearse v. House, post, 386, where the judge seemed inclined to think that it should be counted, which the editor thinks is now the settled construction of the statute.
Cited: Skillington v. Allison, 9 N.C. 348; Bradshaw v. Bank,172 N.C. 634. *Page 83 (65)