
    Middleton v. Pinnell.
    July Term, 1845,
    Lewisburg-.
    Pleading — Plea to Jurisdiction — What Plea Must State. —A plea in abatement to the jurisdiction of the Court, on the ground that the defendant did not reside in the county in which the suit was brought, nor did the cause of action arise there, must state where the defendant does reside; and where the cause of action did arise.
    This was an actions of covenant brought by David S. Pinnell, against Henry O. Middleton, in the .Circuit Superior Court of Daw and Chancery for the county of Green-brier. The defendant appeared at the rules, on the return day of the writ, and filed a plea in abatement to the jurisdiction of the Court, in the form following: “And the said defendant, by his attorney, comes and defends the wrong and injury when &c., and saith that the plaintiff, his aforesaid action thereof, ought not to have, *or maintain in this Court against him, because, he says, that the cause of action for which said suit was brought, nor any part thereof, did not originate in the 'county of Greenbrier; nor did the said defendant, at the time of the institution of said suit, reside in said county of Green-brier ; and this he is ready to verify. Wherefore he prays the judgment of the Court, that the said writ may be quashed,” See.
    
    The plaintiff demurred to the plea; and the Court gave judgment upon the demurrer in his favour, and directed the defendant to plead to the declaration. A plea was subsequently filed, upon which issue was joined; and upon the trial of the cause, the jury found a verdict for the plaintiff, and-assessed his damages at 325 dollars; for which the Court gave a judgment. The defendant then obtained an appeal to this Court.
    Cooke, for the appellant, and Reynolds, for the appellee, submitted the case upon printed notes.
    
      
      The principal case is cited in warren v. Saunders, 27 Gratt. 267; Guarantee Co. v. Bant, 95 Va. 486, 28 S. E. Rep. 909; Vinal v. Core, 18 W. Va. 23; foot-note to Beirne v. Rosser, 26 Gratt. 537.
    
   By the Court.

Affirm the judgment.  