Den, on the demise of Ellison v. Brady ( 1805 )

GpKE defendant died, and the plaintiff prayed a scire-fad at-against his heirs at the first term after his death — -but it was not served till after the second term.

Harris now insisted that the action was abated, because the heirs shall be brought in at the second term by an actual service Qf the i ci. fa. before.,

E contra, it was argued that issuing the sci.fa. from the second term, upon an application made in that term, is sufficient to pervert the abatement.

Curia advisarL