The Canal Boat Benjamin, Lowe v.

The Charles Pitman, Carrigan v.

The Delaware & Raritan Canal, Rundle v.

The Pea Patch Island, (Appendix.)..

311

. 187

... 307

275

ix

RULES

AT LAW AND IN EQUITY OF THE

CIRCUIT AND DISTRICT COURTS

OF THE UNITED STATES,

FOR THE THIRD CIRCUIT,

EASTERN DISTRICT OF PENNSYLVANIA.

I.

ADMISSIONS FOR THE PURPOSE OF EVIDENCE.

1. In actions upon any instrument of writing, a copy of which shall have been filed within two weeks from the return day to which the action is brought, it shall not be necessary for the plaintiff, unless the defendant be an executor or administrator, to prove on the trial the execution thereof, nor in the case of bills of exchange or promissory notes, for an indorser to prove the signatures of prior endorsers, but the same shall be taken to be admitted, unless the defendant by affidavit filed at or before the time of filing his plea, shall have denied that such instrument of writing was executed by him, or that such endorsements were made.

2. In all actions by or against partners, it shall not be necessary for the plaintiff on the trial, to prove the partnership, but the same shall be taken to be admitted as alleged on the record, unless one or more of the defendants shall at or before the time of filing their plea, make and file an affidavit denying the existence of the partnership as alleged, and stating to the best of his or their knowledge and belief, whether there is any partnership in relation to the subject matter of the action, and if so, who are parties to it.