
    
      Abraham Boyce v. Reuben Morgan.
    
   IN error on certiorari, upon an agreement entered into, on the 28th of December, not to sue a third person, the gravamen was laid, that he, since that time had sued, and the summons was dated on the day of the agreement. On this, the defendant below in-, sisted on a nonsuit; but the plaintiff refusing to submit to it, a verdict was given in his favour. It was now contended, that the levying the plaint was the commencement of the suit; but the court, on the authority of Lowry v. Lawrence, ante, p. 170. ruled, that issuing the summons, or warrant, was the beginning of the action, and reversed the judgment; the suit appearing on the face of the record, to have been instituted previous to any cause of action accrued.  