Assuming, as we must in cases such as this, that the averments of fact contained in the affidavit of defence are true, the court was right in holding that there is enough in defendant’s affidavit to carry the case to the jury; and hence there was no *453error in discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defence.

Appeal dismissed with costs to be paid by plaintiff, but without prejudice, etc.