We are of the opinion that the affidavit of defence was suf*231ficient to carry the case to a jury. The same reasons which render an opinion of doubtful propriety, in cases of appeals from preliminary injunctions, apply with equal force when we affirm an order of the court below refusing judgment for want of a sufficient affidavit of defence. The ease must go to a jury, and may come up again after a verdict. The less we say about it now the better.

Affirmed.