Frogg's Ex'rs v. Long's Adm'r

Judge Ewing

delivered the Opinion of the Court.

Frogg’s executors brought an action of debt against Long’s administrator, upon a contract executed by Long in his lifetime, to their testator. Long’s administrator pleaded in abatement, a prior action in the same court, for the same cause. Frogg’s executors replied, at a succeeding term, that, before the commencement of this action, the defendant had put in a plea-in abatement to the former action, and that after the filing of the plea herein, but before the filing of the replication, said former suit was discontinued by the order of the…