To compel respondent to permit an amendment to a summons, adding a party defendant after plea in abatement.

Order to show cause denied June 4, 1895.

Relator brought suit before a justice against three parties who were non-residents. On the return day plaintiff declared and defendants filed a plea in abatement setting forth that one Rardon was a joint contractor.

Plaintiff asked leave to amend, which was denied. Plaintiff took a special appeal to the Circuit and there moved to amend.