THIS Action was an Attachment against Stevens as Executor of Somebody, a Debtor of the Plaintiff’s. Plea in Abatement was made, that by the Law as Executor he should have been summoned, and not his Body or proper Goods attached. The Replication to this was, that though he was named Executor in the Writ, he was not appointed by Testator, but was Executor of his own Wrong.

Judgment that the Writ abate.