“On the 19th day of July, in the year 1813, Joseph Kauman, John I. Labouisse, and Nicholas M.

“This is a motion to set aside an order entered in this cause on the 2d day of September, in this present term, dismissing the complainant’s bill with costs. The motion is founded on an affidavit stating, that the defendant died before such order was entered. It now appears that Hill died on the first day of this term. By the common law, the death of one of the parties before judgment, abates the suit. There can, therefore, be no doubt but that the order was irregularly entered, and must be set aside.