case capel against SALTONSTAL if several plaintiff bring a action of  indebitatus assumpsit and one of they die before judgement the action be  thereby abate more carter lev vent ray Bulst cro James cro car Mod Mod Mod  Prec Chan Com dig Bac Abr Bac Abr will Peer wms stram Indebitatus assumpsit in  the common plea in which action there be four plaintiff one of they die before  judgement the other recover and now the defendant bring a writ of error in  this court to reverse that judgement the question be whether the action be  abate by the death of this person modern those who argue for the plaintiff in  the action hold that the debt will survive and so will the action for it be  not alter by the death of the party for where damage only be to be recover in  a action well commence by several plaintiff and part of that action be  determine by the act of God or by the law and the like action remain for the  residue the writ shall not abate as in ejectment if the term shall expire pen  the suit the plaintiff shall go on to recover damage see gallaway v Herbert  term Rep Syburn v Slade term Rep a for though the action be at end quoad the  possession yet it continue for the damage after the term end so if the lessor  bring waste against   light cro Elizabeth Savil run on eject b tenant pur  auter vie and pen the writ beneficiary and vie die the writ shall not abate  because no other person can be sue for damage but the survivor   c so where  trover be bring by two and after the verdict one of they die the judgement  shall not be arrest because the action survive to the other Bulst   light Com  dig Cowp d Mr pollexfen contra admit the law to be that where two jointtenants  be defendant the death of one will not abate the writ because the action be  joint and several against they but in all case where two or more be to recover  a personal thing there the death or release of one shall abate the action as  to the rest though it be otherwise when they be defendant and be to discharge  themselves of a personalty and therefore in a hearing complaint by two the  death of one shall not abate the writ because it be in discharge ruddock case    cro James vent Bac Abr Bac Abr e now in this case judgement must be enter  for a dead man which can be for it be not consistent with reason the case of  Wedgewood v Bayley be express in it which be this trover be bring by six and  judgement for they one of they die the judgement can not be enter it be true  where so many be defendant and one die the action be not abate but then it  must be suggest on the roll curian action ground upon tort will survive but  those upon contract will not the judgement be reverse by car c the death of  either of the party between verdict and judgement shall not be allege for  error so as judgement be enter within two term but by will c S if there be two  or more plaintiff or defendant and one or more of they shall die if the cause  of such action shall survive to the survive plaintiff or plaintiff or against  the survive defendant or defendant the writ or action shall not be thereby  abate but such death be suggest on the record the action shall proceed at the  suit of the survive plaintiff or plaintiff against the survive defendant or  defendant see Middleton v Crofts Annallys Rep f modern er p michaelmas term  the four of James the second in the common plea sir Edward Herbert Knt chief  justice sir Thomas Powell Knt sir Thomas jenner Knt justice sir Thomas powis  Knt attorneygeneral sir William William Knt solicitor general