The defendant has pleaded the apparent insolvency of (he estate of which he is administrator, in abatement; but it appears, by the plea, that the represeniation of insolvency was not made until after the test of the writ, and after it actually issued. The writ was, therefore, good when it issued, and cannot be abated by the subsequent proceedings in the probate office. The defendant must answer over, (a)
Hunt vs. Whitney, 4 Mass. Rep. 620