By the Court.
Lumpkin J.
delivering the opinion.
Under the Judiciary Act of 1799, requiring the defendant to deny on oath an instrument of writing, upon which he is sued, the plea in this case should have been verified. If the person who signed this note for the company, and upon which they are sued, was not authorized to make it, let them say so upon oath, and the onus is then on the plaintiff to overcome the plea. Judgment affirmed.