This suit was commenced April 3,1872, by the issuing of summons out of the circuit court of Morgan county, and is to be governed by the statute in force at that time. The plea in abatement contains no averment that the plaintiff was not a resident of that county, or that the contract was not made therein. It was, for that reason, bad, and the demurrer to it was properly sustained. The judgment will therefore be affirmed.

Judgment affirmed.