
    [*] ANDREW ROSE against JOHN A. JOHNSON. [1]
    ON CERTIORARI.
    This was a certiorari to Edward Burd, Esquire, one of the justices of the peace, of the county of Sussex. The chief justice delivered the opinion of the court.
    This action was brought in the court below, against Andrew Rose, the now plaintiff, as appears by the state of demand, filed with the justice, tipon an assumption to pay the debt of one Elizabeth Rose. From the return of the justice, it appears that no such assumption, if made at all, was made in writing, or signed by the party. Upon the provisions, therefore, of the act for the prevention of frauds or perjuries, the action cannot be sustained.
   Let the judgment be reversed.

See post, 98, 662.  