— There was evidence that John and Jacob B. Lyon were partners; and it was for the judge to decide it; but he had no power to direct a non-suit. The plaintiff had a right to go to the jury, if for no other purpose, to have the benefit, on error, of his bills of exceptions to evidence, which he could not have had, if he had submitted to a non-suit. He may perhaps make a better case on another trial.
Judgment reversed and venire de novo awarded.