Pee Cubiam :
The court committed no error, in holding that the sufficiency of the service to give the court jurisdiction of the party might be determined on a plea in abatement. The affidavit of defense is sufficient to prevent judgment from being ordered before the appropriate plea may be entered; therefore, judgment was properly refused.
Writ of error dismissed, at the costs of the plaintiff but without prejudice to its right to trial by jury, and a second writ of error after final judgment.