delivered the opinion of the Court.

This is an appeal from an order of court denying appellant’s motion to set aside an order dismissing an appeal taken from a judgment rendered by a justice of the peace.

If Eleanor A. Allan had a complete defense to the whole of the said suit, no reason for her not filing an affidavit so stating, is perceived.-

The abstract here filed does not show that any exception was taken to the ruling of the court below, and its order is affirmed.