Wade v. C. W. Newton & Co.

The plaintiff sued the three partners of a commercial firm, which has dissolved, for the balance shown by an account-current, which was made part of his petition. The petition concludes by a prayer, “ that the defendants may be cited to answer hereto, and ordered also to answer the annexed interrogatories on oath, within the legal delay, and that in due course of law they may be condemned,” &c.

Annexed to the petition is the following- interrogatory : “ Are you not indebted to plaintiff, as set forth in the above petition and account annexed, in the sum of $9,245 20 ? And is not said amount…