This is a writ of error brought to reverse a judgment given for the defendant on demurrer to the declaration. The case is governed by McLean v. Isbell 44 Mich. 129.

The judgment is reversed and the demurrer overruled with costs. The cause must be remanded for further proceedings, and my brethren are of opinion that the court' below may in its discretion permit the defendant in error to plead over.