His Honor erred in not allowing the defendant until the second term after issue was joined by the putting in of a replication to the answer, to take testimony, and in setting the cause down for hearing, hearing it and making a decree at the first term after the joining of such issue. See Rev. Code, ch. 32, s. 3, rule 5.

The order appealed from must be reversed, and a certificate to that effect sent to the court below.

Order reversed.