¶1BY
¶2The affidavit is clearly defective. The plaintiff should swear positively to a debt or to his belief that a certain balance of account was due. The plaintiff being in court, and making this affidavit the court awarded a new writ; it appearing upon the examination of the plaintiff, who was sworn at the instance of the defendant, that-the particular account on which this suit was brought though laid before the arbitrators, had not been acted upon in any manner.
¶3[See Case No. 5,366.]