¶1delivered the resolution of the court, that the judgment of the district court was to be reversed, and that of the county court affirmed. That the defendants had all pleaded that they did not assume within five years; which was an admission that they had once assumed. That the evidence was therefore properly admitted ; and consequently, that the judgment of the district court was erroneous, and that of the county court clearly right.
10 Va. 51
Brockenbrough v. Hackley
Decided April 15, 1806
Court of Appeals of Virginia · decided 1806-04-15
<p>If there be several partners, and one of them, after the co-partnery is dissolved, assumes a partnership debt, hut afterwards pleads the act of limitations jointly with the other partners, the assumpsit may be given in evidence; for the plea of non assumpsit admits that the defendants did once assume.</p>
Decided 1806-04-15