Schenck v. Schenck

The

Chief Justice

delivered the opinion of the court.

The declaration in this case is in assumpsit, for use and occupation on promises to the deceased, on an account stated with the deceased, and for use and occupation, and for interest, upon promises to the executors.

The defendant has pleaded in abatement that previous to the suing out of the writ against him in this action, he sued out of this court a writ of summons in case against the plaintiffs, executors as aforesaid, for eight thousand dollars damages, which was duly served on them, and the action thereon is still depending before this…