Rowe

J. — Judgment was rendered by the court below in favor of defendant Philip Simmons against the plaintiff.

The action is to dissolve an alleged partnership. In the original complaint, which was filed May 30, 1877, it was alleged that a partnership existed between the plaintiff and the defendants Joseph S. Simmons and Alonzo R. Simmons; that Philip Simmons was taken into the partnership in January, 1863, and remained a partner until about the 18th of May, 1872, “when the same was dissolved by the retirement therefrom of said Philip Simmons.” Sixteen years afterward, to wit, August 25, 1893, the plaintiff filed a supplemental complaint, in which he made the said Philip Simmons a defendant, and charged that he, Philip, was a member of the partnership. Philip filed an answer, in which he denied that he was a partner, or had been since the -day of May, 1872; and he also pleaded the statute of limitations, and that the alleged cause of action of the plaintiff had become stale, and therefore not enforceable in a court of equity.

The court found that the partnership was dissolved by the consent and agreement of all the copartners in May, 1872. It alsoTound that the cause of action set…