Spencer, J.

1. There has not been a proper trial in this case. The plaintiff sued defendants to recover what was due from them on accounts and what was due from others on defendants guarantee.

2. The 1st defendant counter-claimed, damages for arrest before judgment. He alleged that he was a partner with plaintiff and that he was not liable in this suit without taking an account of the partnership. The only issues framed by the Subordinate Judge were : (1) Is the claim true? (2) Are any of the defendants liable? Obviously there should have been-issues on the questions whether the plaintiff and the 1st defendant were partners in the business, in which these debts were incurred and secondly whether the 1st defendant had personally guaranteed payments of the accounts of all customers whom he recommended to deal in plaintiffs shop ; and lastly whether the plaintiffs application to arrest 1st defenant before judgment was justified upon the grounds stated in Order 38, E. 1, civil Procedure Code. No deed of partnership and no security bond were produced. The Judge has referred to some of the oral evidence, but not to the statement of plaintiff that the 1st defendant stood surety for