Under the facts of the ease as disclosed by the pleadings the judge did not err: (1) in overruling the demurrers to the amended petition; (2) in sustaining the motion to strike the defendants’ plea in abatement and the traverse of the sheriff’s return; (3) in striking on demurrer the answer of the defendants; (4) in permitting the verdict in favor of the plaintiff to be rendered and the judgment based thereon to be entered.

Judgment affirmed.