Cole v. Peniwell

The appellants declared in debt in the Court below, and described themselves as late partners doing business under the firm, &c.; two of the defendants (there being others) are also described in the declaration as co-partners, and are alleged to have executed the promissory note, which is the foundation of the action, in the name and style of their firm. The capias ad respondendum omits these two descriptions of co-partnership, but in other respects corresponds with the declaration in the names of the parties. The Court below, on motion of the defendants, quashed the writ for a supposed…