(after stating the facts.) The appellant conlenls that this affidavit is not sufficient, or, rather, that it is really no affidavit. This affidavit was amendable. The record shows that evidence was heard in regard to the affidavit, which evidence does not appear in the bill of exceptions. If the court considered the affidavit insufficient, it may have treated it as amended, upon hearing the evidence.

The judgment is affirmed.