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it shall pass
VII. Feme Covert; devises in Discharge from prison favor of
518 Discontinuance of action VIII. Limitations of real estate 519 Discontinuance of estate IX. Limitation of personal es
623 Dissenters X. Reversion ; by what words Distress
524 Distributions XI. Vested interest, what shall Division
be, and when devisable 527 Domestic Attachment XII. Void, or lapsed by altera- Domicile tion of circumstances, as
Donative death of legatee, or revo
Dower cation of the will
Duress or implied
529 Dutch W. I. Company XIII. Other points relative to 635 Daties Dighton Bridge
535 Dyer's Reports Dilapidation
536 536 537 537 537 538 540 541 541 541 641 542 544 545 545 545
V. Bills of Exchange I. Commission Corporation II.
Case. Lines from top.
for he read the. 33 9 for cannot read amount. 29 14 for no read on. 2 1 for cominission r. comiissioners.
1 at the end read held. 3 2 for bye nay read bye law.
1 for in read is.
DIGESTED INDEX, &c.
6. A writ of error does not abate by
the death of one of several defend-
1 L. Raym. 439. 1 Sałk. 263.
n. Nor by the coverture of the de-
fendant after the action brought,
which cannot in such case be plead-
Jones. (in error) 2 Str. 811.
8. The death of the defendant in er-
ror after in nullo est erratum plead-
EATH of defendant before the ed, does not abate the writ of error.
commission-day abates the suit, A scire facias does not lie upon a judg-
If a scire facias is taken out upon such
three pleaded, and the other died; tion obtained thereon upon two ni-
Ellwies v. hils, it shall be set aside for irregu-
larity on motion. Ludlow v. Len-
bate in part. In personal ones it 9. False Latin abates not an appeal,
a ship belonging to plaintiff, that
an information in nature of a quo joined in the action, held that the
the plaintiff oply, the rest of the
part owners could not join. Sinith
which is returnable in the Common
Pleas, or King's Bench, and the suit he was arrested, or any other writ which gives those courts their who may have proceeded against jurisdiction, the want of the words, him. But a waiver of privilege in ad ipsorum damnum non modicum et one action estopps a man from pleadgravamen, abates the writ. Banbu
ing it in any other. Jones v. Bodeery, Countess v. Knolls. 2 L. Ray
1 Raymond, 135. 1 Salk. 1. mond, 903.
3. Plea, quod suscepit ordinem milita12. An action does not abate by the rem, fc. Matter that concerns the
plaintiff's becoming a bankrupt; person need not be pleaded with aud where he became such between
Lett, or Nutt v. Mills. 1 interlocutory and final judgment,
Salk. 6. 2 Ld. Raymond, 1014. and sued out execution in his own 4. Plea of privilege set aside where name, the Court refused to set aside affidavit annexed said, a true plea, the proceedings. Waugh v. Austin. instead of, the plea is true. Onslow 3 Term Rep. 437.
Booth. 2 Stra, 705.
tween the commission-day and day ing, fuit-temp. impetr. brevis ill.
Jacobs v. Miniconi. 7 Term Rep. 31. prison of addition after he has ad14. If a defendant die on the night be- mitted himself to be the person
fore the trial of a cause at the sit- mentioned in the declaration.
lor v. Harris. 3 Bos. & Pull. 549. A plea in abatement must shew how 15. A petition for a review abates by the plaintiff should have sued.
the death of the petitioner pending Warner v. Sir Edward Irby. 2
Woodward v. Skolfield, 4. Mass. 375. nal action, must shew the day each 16. Where a defendant is sentenced to bill was exhibited. Jackson, qui
the state prison for life, he is re- tam v. Gisling. 2 Stra. 1169. garded as civilly dead, and the suit 8. Afidavits requisite to a plea in aagainst him is abated. Grahan v. batement in the Crown-office. The Aduins. 2 Johns, cases 408.
King v. Jones. 2 Str. 1161.
9. Affidavit to plea in abatement that
the writ was never returned, neces-
1 Str. 1. A plea in abateinent is good, Rep. 639.
though it concludes in abatement, 10. After bail bond forfeited defend
to the jurisdiction and in bar. ant cannot plead in abatement. H. It is no plea in abatement that the de- nonymous. 2 Salk. 519.
feodant was a prisoner in the Fleet, 11. In trover and conversion, the plainbrought to the bar by habeas corpus, tiff declared, that he, together with and there charged with a declara- A. and B. both now dead, and whom tion, and that there is no original he survived, being possessed of a against him. Brown v. Berry. 1 ship and goods, lost them, and that Raymond, 128.
the defendant found and converted 2. Au attorney of one court may,
them to his own use, who pleaded ter putting in special bail to an ac- in bar to the action, that the said A. tion in another, plead his privilege, and B. made their wills in writing, either against the person at whose and thereby appointed several exe