¶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.
6 Va. 51
Brockenbrough v. Hackley
Decided April 15, 1806
Court of Appeals of Virginia · decided 1806-04-15
Hackley brought case in the county court against Morton and Brockenbrough, as surviving partners of William Brock & Co. The declaration was upon an account stated, and a joint assumpsit of the defendants; who pleaded the act of limitations. Upon the trial of the cause, the plaintiff offered in evidence an account against the company, signed by Brockenbrough after the dissolution of the co-partnery: *To which the defendant excepted; but the court suffered it to go to the jury.
Decided 1806-04-15