Writ of error to the circuit court of Pulaski county.

Action of covenant, by attachment, brought by A. B. Bailey against James T. Starke, and determined in the Pulaski circuit court, at the May term, 1844, before the Hon. J. J. Clendenin, judge.

The declaration set out the following instrument, as the foundation of the action:

“April 5th, 1841. — Articles of agreement, made and entered into, this day, between A. B. Bailey of the first part, and James T, Starke of the second part, witnesseth, they have, this day, entered, into a partnership in the mercantile business, to continue as long as the said parties agree so to do: and whereas the said Bailpy has purchased of Inglish & Johnson, and others, goods tp the amount of $2,696 26, on hand, which the said Bailey puts into the firm, and the said Bailey has this day received of said Starke one negro girl, at $600, which is in part payment of said goods, then the said parties are to be at general expenses and profits in said goods, and business, and the said Starke is to account to the said Bailey for the one half of said goods, except the before mentioned negro girl at $600; and the parties agree to go near the line between Ark. and Mo. in Randolph county, and then as may be thought best by them.” — Breach, that defendant had not accounted to plaintiff for the one half of said goods, as aforesaid, or any part thereof except the said $600 — concluding, to the damage of plaintiff one thousand dollars.

■ The defendant demurred to the declaration, and assigned as causa therefor: that it appeared from the declaration, that the plaintiff and defendant were partners in the mercantile bpsiness, and in and about the cause of action, and that, by law, the same was matter of account, and cognizable only in a court of equity, where alone the defendant could make his full and just defence, and have adequate relief.

The court sustained the demurrer, and the plaintiff declining to amend, gave judgment for the defendant. The plaintiff brought the case to this court, by writ of error.

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