
    CONSTITUTIONAL COURT,
    COLUMBIA,
    NOV. 1804.
    Ordinary of Orangeburgh District v. Lovick.
    After appearance entered, a defect in the form of the writ cannot be taken advantage of except by plea. Motion to quash for such a defect, after judgment by default, but before writ of inquiry executed, refused.
    A writ of inquiry being about to be executed in Orangeburgh district, before Bat, J.s Egan moved to quash the proceedings : 1. Because the writ requires 'he defendant to appear at Orangeburgh, instead of Orangebu gu Court House. 2. Because the writ commands the sheriff to attach the defendant, who is sued as administrator, whereas, it should have commanded the sheriff to summon the defendant. Bat, J, overruled the motion, which was now made in this court. Egan contended, that even a jugdment may he arrested for a defect in the writ.
    Stark, contra.
    
    The defendant appeared, and afterwards made default. Defendant should have taken exception at the appearance day, or challenged the defect by plea. This is not such a defect as renders the writ abateable de facta. The appearance cured the defect, if any, in the writ.
   The court

(Waties, Trezevant, and Brevard, Justices, the other judges absent sick)

dismissed the motion, being of opinion that no advantage could he take ■ of any defect in the form of the writ, after appearance entered, except by plea.  