Pennsylvania Court of Common Pleas, Philadelphia County April 8, 1837 (Dunton v. Elkinton)

Per Curiam.

We are of opinion that the act of 1818 extends to this case. If any thing beyond the language of the act is required to maintain this construction, the dictum of Justice Duncan, in Wilson v. Wallace’s exrs., 8 S. & R. 57, may be referred to. The defendant however has leave on application made to withdraw his plea in abatement.

Motion granted.