A PRACTICAL ABRIDGMENT OF THE REPORTS OF CASES ARGUED AND DETERMINED IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, Abandonment. See tit. Insurance; Poor, Settlement of. Abate. See tit. Common; Nuisance; Trespass. Abatement of suit. I. BY DEATH. (A) BEFORE VERDICT OR JUDGMENT BY DEFAULT. (b) of one of several plaintiffs, p. 2. (c) Of a sole defendant, p. 3. (d) of one of several defendants, p. 4. (B) AFTER VERDICT, AND BEFORE FINAL JUDGMENT, p. 5. 6. (D) AFTER WRIT OF ERROR-See tit. Error, Writ of. II. BY BANKRUPTCY-See tit. Bankrupt; Insolvent Debtor. III. BY COVERTURE-See tit. Abatement, Pleas in; Baron and Feme. IV. FOR WANT OF PROPER PARTIES-See tit. Misjoinder; Nonjoinder; Parties to Actions. I. BY DEATH. (A) BEFORE VERDICT OR JUDGMENT BY DEFAULT. (a) Of a sole plaintiff. CUTFIELD V. CORNEY. M. T. 1758. C. P. 2 Wils. 83. This was an action of replevin; the plaintiff, it appeared, had a suit abates by died after declaration, but before the defendant had made his avowry; the death of a and on a motion that the latter might have a writ de retorno haben sole plaintiff before verdict. Before the stat. do, it was determined by the Court that the suit had abated by the death of the plaintiff, and that the writ therefore ought not to issue. See Co. Lit. 139; 10 Co. 134. a; Reg. Pl. 293; Ast. Ent. 8; Cro. Car. 509; March. 65; 1 Sid. 143; 1 Salk. 9; Ca. Temp. Hard. 395 ; 1 Wils. 315; 1 Com. Dig. Abatement, bb. 33; 1 Vin. Áb. 148. (b) of one of several plaintiffs. 1. DACRES V. DUNKIN. H. T. 1671-2. K. B. 2 Lev. 82; S. C. 3 Keb. 127; S. P. WEDGEWOOD v. BAYLY. H. T. 1680. K. B. 2 Show. 177; S. C. Skin. 93; 1 Freem. 532. To an action of trover, defendant pleaded in abatement that the 8 & 9 W. 3. plaintiff had brought another action for the recovery of the same proc. 11. s. 7. the perty, and averred that it was still pending; replication that H. and death of one of P. are dead. Demurrer to replication. Per Cur. In all actions the death several plaintiffs abated the suit. of a plaintiff is an abatement of the suit. Judgment, respondeas ouster. See 25 Ed. 3. 38; 25 Ed. 3. 81. pl. 13; 2 Bulst. 262; 1 Lev. 165, Carter 193-4; Moore 9. 17. 10; Co. Lit. 135. a; Yelv. 209; 1 Vent. 235; 3 Mod. 249; Com. Dig. Abatement, H. 33; 1 Vin. Ab. 48. But since that 2. LOWTHER AND Wife v. KELLEY. H. T. 1722. K. B. 8 Mod. 115. In covenant on an indenture of lease in which the defendant act, if one of se- had covenanted with the plaintiffs to pay a reserved rent, the defenveral plaintiffs dant pleaded in abatement the death of one of the plaintiffs since the die before the last continuance. last continuance, if the cause of Per Cur. We cannot quash the plea on a motion; the plaintiff action survive, should have suggested the death on the roll according to the statute, the suit does not and have proceeded in his action. abate. The death of a See 1 Stra. 705; Lord Raym. 1418; 1 Com. Dig. Abatement, H. 35. 3. REX V. COHEN. M. T. 1816. 1 Stark N. P. C. 511. On an indictment for perjury it appeared that an action had co-plaintiff must been brought by two plaintiffs, one of whom had died pending the be suggested on suit, but no suggestion of the death was made on the roll, pursuant to formity with 8 & 9 W. 3. c. 11. s. 6. At the trial of that cause the defendant had given evidence, and there perjured himself. the roll, in con 8 & 9 W. 3. c. 11. s. 6.other Per Lord Ellenborough. As no suggestion of the death has been wise the action entered, I am of opinion that the suit abated; it would be incomprehensible to say that taking an oath in an unauthorised cause amounted to perjury. Defendant acquitted. will abate. Sed vide, as to the suggestion, Far v. Denn, 1 Burr. 363; Newnham v. Law, 5 T. R. 577; and see 1 B. & P. 482; 2 id. 110. 337 ; 4 M. & S. 329; 1 Vin. Ab. 53. pl. 15; post, "Entry of Suggestion upon the Roll." * By stat. 8 & 9 W. 3. c. 11. s. 6. 7. it is enacted, "If there be two or more plaintiffs or defendants, and one or more of them die, if the cause of action shall survive to the surviving plaintiffs or defendants, or against the surviving defendant or defendants, the writ or action shall not be thereby abated, but such death being suggested upon the record the action shall proceed at the suit of the surviving plaintiff |