delivered the opinion of the Cowrt. * This was an appeal from the circuit court of Jo Daviess, to reverse a judgment rendered in that court. The plaintiff below sued out an attachment against Thomas Jenkins, Thomas McCraney and Charles Galloway, as partners in trade. Thomas Jenkins, one of the defendants, filed his plea in abatement, setting forth that he, one of the said defendants, at the time the said attachment was sued out in this case against him, had not departed from this state, with the intention of having his effects and personal estate removed without the limits of this state, but that this defendant was in the town of Galena, *413county of Jo Daviess, and state of Illinois. This plea was sworn to, and concluded in the common form. The plaintiff’s counsel demurred to this plea, which demurrer the court overruled.
The circuit court decided correctly, in overruling the demurrer to the defendant’s plea in abatement. It is clear, that a plea in abatement will lie, in a suit commenced by attachment.
On the second point, we are of opinion that the effect of a judgment of nonsuit is nothing more than a quashal of the attachment, and leaves the party at liberty to commence de novo. It is no bar to any future proceedings. (1)
Judgment affirmed.