520 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

PLEAS IN ABATEMENT.

81st. That the plaintiff, at the time of issuing the summons in
this case, was and still is the wife of one B. B.

82d. That the plaintiff is within twenty-one years of age; and
has declared by attorney, when he should have declared by next
friend or guardian.

83d. That the said contract in the declaration mentioned, was
made by the defendant jointly with one W. P., who is still living,
and is residing in the county (or the city) aforesaid; and was
not made by the defendant alone, and therefore, the said W. P.
should have been sued also.

(This form shall be sufficient, whether the contract be by parol
or by deed.)

FORM OF AFFIDAVIT TO PLEAS IN ABATEMENT.

84th. ———— county.

M. R., (the defendant in the cause,) makes oath and says, that
the plea, hereunto annexed, is true in substance and in fact.
Sworn before ————.

FORM op DECLARATION WHEN THE SUMMONS AS RETURNED AS TO

SOME OF THE DEFENDANTS NON EST. I

85th. R. G., by S. T., his attorney (or in person,) sues J. T.
and M. B., (but M. B. has been returned non est by the sheriff,)
for (here state the cause of action,) and the plaintiff claims from
J. T., (the person summoned,) $————.

COMMENCEMENTS OF DECLARATIONS BY PERSONS SUING IN
SPECIAL CHARACTERS.

86th. A. B., executor of the last will (or administrator of the
goods, &c.,) of O. H. deceased, by S. T. his attorney, (or in per-
son,) sues D. B. for (here state the cause of action.)

87th. J. T., who is within age, by S. T. his next friend (or
guardian,) sues W. B. for (here state the cause of action.)