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, upon 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 and perjuries, this action cannot be sustained.

Let the judgment be reversed.