
    Washington Garver et al. v. Wm. Morgan.
    
      .Feme sole, one of several plaintiffs, marries pending the suit, good plea in abatement.
    Reserved in the county of Columbiana.
    This is an action on the case for a nuisance. It was originally tried in the court of common pleas, and removed to this court by appeal.
    At the October term of this court in the county of Columbiana, 1835, the defendant filed a plea, verified by affidavit, that since the last continuance, “to wit, on February 12, 1835, Matilda Garver, one of the plaintiffs, intermarried with one Robert L. Flemming, and that the said Matilda is still under the coverture of the said Robert L. Flemming,” and concluding in .abatement.
    To this plea the plaintiffs demur.
    Looms &' Metcalf, for the plaintiffs, submitted no argument.
    *Wm. D. Ewing, for the defendant, cited the following authorities: 10 Mass. 180,181; Gil. Hist. & Prac. C. C. 254; 17 Mass. 341; 7 Pick. 62-64; Bac. Abr., Abatement, L.; Com. Dig., Abatement, E. 2; Ib., E. 7; Ib., H. 42; 1 Chit. Pl. 22, 437, 438; 6 Term, 265; 4 East, 502; Arch. Civil Pl. 302, 345; Gilmer, 145.
   Judge Hitchcock

delivered the opinion of the court:

It is well settled that when a feme sole plaintiff marries, after the commencement and during the pendency of the suit, it may be pleaded in abatement.

That the same principle applies where there are. two or more plaintiffs in the same case, and one of them intermarries, is shown by the following authorities: 10 Mass. 179; 17 Mass. 341; 7 Pick. 62.

The demurrer is overruled.  