Taylor v. A. G. Branham & Co.

Taylor, J.:

The defendants in error, as plaintiffs below, sued the plaintiffs in error, as defendants below, in the Circuit Court of Orange county, in assumpsit upon an account for work and labor and materials; the suit being instituted against the defendants<as former copartners. All of the defendants appeared by attorney, and all joined in a plea of nil debit. Although this form of plea is *299expressly prohibited by our 68th Rule of Practice in common-law actions, the plaintiffs joined issue thereon. After thus joining issue the parties by consent had the cause referred to an attorney, as…