1786-01-23 (static/transcriptions/1786/01/142.jpg)

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7 the case of Abbot v. Smoth in C. P. 2 Blackst: 947, it was always Held that if 2 were sued & pleaded genl issue & in evidence it came out that 3 should have been sued, the Plf was nonsuited; - but by those cases it is now determined that such mre sho must be pleaded in abatement or else the Deft is to be considered as waiving the objection. And in the Plea in Abatement the Deft who says he had partners must say who they were. Which in the present case Defts Keble & Petrie
have