Bleckley, Justice.
By statute, the commencement of suit is the filing of the declaration. There was due service, and’ no further proceedings .took place until after the discharge in bankruptcy was granted. There was full opportunity to plead the discharge before judgment was rendered. There is no legal basis for the affidavit of illegality. It cannot vacate the judgment; most certainly, the judgment is not void, but valid and conclusive.
Judgment affirmed.