Clark v. Samuel

1 Root 486

Opinion

Judgment • — ■ That the plea in abatement is sufficient. In tbis case, service upon botb of tbe defendants is necessary; and no service having been made upon either until after Wil-' bands death, the action cannot be said to' have been commenced in bis lifetime, although tbe writ was prayed out before; and not having been commenced in tbe life of said William, it doth not survive against tbe surviving defendant.