
    Yates v. Payne et al.
    September Term, 1808.
    Chancery Practice— Revival of Suits. — Practice, as to reviving' where the plaintiff died, and there are absent anti home defendants.
    The counsel for the plaintiff stated that the plaintiff was dead, and submitted to the Court, whether, as some of the defendants live out of the Commonwealth, process in the name of the plaintiff’s executor, against them, to review, be necessary.
   *By the Chancellor.

There has been no instance of an order of publication, against an absent defendant, without original process; and the practice has always been to issue process, to revive, as well against the absent as home defendants; and then to make publication, in order to a revival of the suit: and so this case was revived accordingly.  