Commonwealth for Coleman v. Hughes

Judge Simpson

delivered the opinion of the Court.

The names of the defendants are stated in the plaintiff’s amended declaration just as they were written by them to the bond upon which the suit was brought, and it is well settled that an obligor may be sued by the name in the bond, whether it be his full name or not; and if the declaration be against the defendant in his right name, though it varies from that in the process, he cannot, even at common law, plead in abatement: (1 Chitty’s Pleadings, 486.) And if it cannot be pleaded in abatement, it certainly is not available upon general…