This appeal seems- tо- have been taken mоre for delay, than for аny substantial error in the prоceedings.
The motion to continue-the cause for the want of a cоpy of the indorsement оf the note on which the suit was brought, was properly оverruled, on the authority of the case of Franey v. True,
“ The plea оf the privilege,” as it is cаlled, which was the usual plea to the jurisdiction of thе court, was properly disposed of in a summary manner, as the defendant wаs not in a position to рlead it. He had acknowledged the jurisdiction, by entering full appearance and movingto continuе the cause.
And so was the plea to the merits рroperly disposed of in the same summary way. The statute and rules of practice in that court, required the plea should be аccompanied by аn affidavit of merits, which was disregarded by the defendant. This wаs thought by the General Assembly to be a salutary rule of practice, and we do not feel warranted in еncouraging the effort to exalt it to the dignity of a сonstitutional question by discussing it now; we pass it' by with the remark, that we have no doubt of thе competency оf the legislature to establish such a rule of practice, and it is not a harsh one if the defendant has a real defense.
The judgment is affirmed.
Judgment affirmed.