Hirsch v. Shafer, Schwartz & Co.

Citations

• 66 Miss. 439

Syllabus

<p>1. Pleading. Denial of partnership.</p> <p>A person, sued as a member of a Arm, can deny the partnership only hv special plea, verified by oath. Code 1880, $ 1633.</p> <p>2. Amendment.</p> <p>But where such defendant has failed to deny the partnership under oath } and has merely filed a notice that he is not a partner, which is treated by the plaintiff as a plea, or so as to mislead the defendant, he should, in order to bring the controversy fairly to trial, be allowed upon the trial to file the requisite sworn .plea.</p>