Ross

delivered the opinion of the Court. This suit was brought in the Court below, by Ross against Austill & Rowe, upon a contract of limited partnership. The contract is set out in the record. The summons in this case, was issued on the 7th of June, 1851, and served on the appellants on the 8th, citing them to appear at Double Springs on the 1st Monday of July. The counsel of record for the appellants, filed the answer to the complaint on the 18th of June. The cause was tried at Jackson on the 8th of July, and a verdict rendered for the appellee, (the complainant below,) for forty thousand dollars. At the date of the trial, Austill filed an affidavit for a continuance; and upon the rendition of the verdict, the appellants moved for a new trial. The Court overruled it; and made a decree for the amount found by the jury. The appellants took an appeal. An execution was issued in favour of Ross, and levied upon certain mines, in which Austill & Rowe held an interest. The appellants filed a bill before Justice Bennett, then of this Court, and prayed for an injunction to stay the proceedings until the final hearing of this cause; which was granted.

The constitutional objection has been…