¶1THIS caufe (fee 2 Vol. 280.) being agí . called cn the lift of arguments, the Court declared, that although they had. propofed to the Defendant’s counfel to wave the ob-jedtion to the form of bringing the action, before the expira.tion of three months from the time of proving the lofs; yet, that on his refufal to do fo, they meant to decide in favor of the objection.
¶2Judgment was, accordingly, entered for the Defendant