Tbe plaintiff sued on a promissory note in tbe sum of $500.00, wbicb be alleges was executed by tbe defendant, of wbicb be is now owner and bolder in due course, and wbicb is due and remains unpaid. Tbe defendant admits tbe execution of tbe note but alleges it was obtained from bim by tbe plaintiff upon a fraudulent representation, tbe particulars of wbicb are stated. Plaintiff demanded judgment on tbe pleadings, wbicb was refused, and be appealed.

It is not incumbent on tbe Court at tbis time to go into tbe merits of tbe controversy. Defendant bas made a sufficient showing to repel tbe present assault, and tbe order declining tbe motion for judgment on tbe pleadings is

Affirmed.