
    * Charles Whiting versus William Hollister.
    Want of an endorser on an original writ must be pleaded in abatement at the return term.
    The original writ in this action was not endorsed by the plaintiff or his attorney, as required by the statute of October 30, 1784, prescribing the forms of writs, &c. At the third term of the Court of Common Pleas after the commencement of the action, the plaintiff moved for, and obtained, leave to endorse his writ, the defendant’s counsel objecting and protesting against the same. And now ‘he action being brought to this Court by appeal, and entered at this term, J. C. Williams, foi the defendant, moves that the appeal may be dismissed, the above facts appearing on the record of the proceedings in the court below.
    
      Ives for the plaintiff.
   The Court

denied the motion, because this provision was made for the security of the defendant, which, if he pleased, he might waive; and if, at the term the writ is returned, he does not except to the want of an endorser, either by a plea in abatement, or perhaps by moving the Court to nonsuit the plaintiff, he must be considered as having waived the security provided for his benefit. 
      
      
         Gilbert & Al. vs. The Nantucket Bank, 5 Mass. Rep. 97.—Martin vs. Commonwealth, 1 Mass. Rep. 347.— Coffin vs. Jones, 5 Pick. 61.— Rathbone vs. Rathbone, 4 Pick. 89.
     