Dean v. Dean

The plaintiff, Edward S. Dean, instituted his action of assumpsit against the defendant, Charles A. Dean, as a member of a partnership alleged to consist of the said defendant and one Augustus Dean. On September 16, 1916, when the case matured, the defendant pleaded non-assumpsit, and upon that plea the plaintiff at once took issue, the jury was immediately sworn and the trial proceeded.

Neither the evidence nor the facts are certified, and there was but a single exception taken. That exception grows out of the fact that the defendant failed to file with his plea the proper affidavit under…