King v. Haines

This was an action of assumpsit, instituted by Anson and Jonathan Haines, against King, as surviving partner of Whitney & King. The defendant King filed a plea denying the partnership and all joint liability of himself with Whitney, the truth of which was verified by affidavit. To this plea, there was a replication and issue to the country ; a trial was had, and resulted in favor of plaintiffs below, and judgment was rendered against defendant, to reverse which he prosecutes this writ of error.

It is now urged, that the plea in abatement was not verified by a sufficient affidavit, the…