
    
      Jones vs. Lacey.
    
    Deít. Case 154.
    April 16.
    Error to the Washington Circuit; Paul J. Booker, Judge.
    
      Security for costs. Abatement. Bonds for costs.
    
    That non- „„ resident pl’tff. has not given security for costs, is good plea in abate ment. And replication, tendering a bond for costs or averiing that the security had been given since impetration of the writ, fe bad on demurrer .
    Rudd, for plaintiff.
   Chief Justice Robertson

delivered the opinion of the Court.

The circuit court erred in overruling the demurrer to the replication to the plea in abatement.

That a non-resident plaintiff had not given security for costs, is good matter, in abatement of his writ. When that fact is well pleaded in abatement, as was done in this case, a replication, tendering a bond for costs, or averring that the security had been given since the impetration of the writ, is insufficient.

It admits the truth of the plea; and the plea being true, its effect cannot be evaded.

Wherefore, the judgment is reversed, and the cause .remanded, with instructions to sustain the demurrer,  