Persons v. Frost & Co.

Citations

• 25 Tex. 129

Syllabus

<p>Where the defendant was sued as a partner, and plead the general issue, and specially denied that he was a partner, but did not swear to his plea {non 'est factum) as required by the statute, proof by the witness, to establish that he was not a member of the firm, as averred in the petition, was not admissible, because the denial was not under oath. (Paschal’s Dig., Art. 1443, Note 549.)</p>