Brown vs. Puoy-reversed.
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A variance between the writ and declara- ton must be taken advantage of by plea in abatement in such the variance being ap- parent upon the face of the record the plea need not be sworn to.

 4 defendant having interposed one plea in abatement which was sustained by the court and the writ ordered to abate, upon which the case Is brought into the Supreme Court and the judgment reversed and the cause re- manded, he cannot again interpose matter in abatement of the same order and character.