Case No. 6,933.

HURST v. JONES.

[4 Dall. 353.]

Circuit Court, D. Pennsylvania.

May Term, 1801.

EJECTMENT—FORMER SUIT—NON PROS—COSTS—TRIAL.

[This was an action by the lessee of Hurst against Jones.]

A former ejectment, between the same parties, for the same land, had been non pros'd; but the costs of suit remained unpaid. The defendant's counsel objected to the trial of the present ejectment, until the costs of the former were paid.

Mr. Rawle, for plaintiff.

E. Tilghman, for defendant.

BY THE COURT. The objection is reasonable and just. The defendant cannot, under such circumstances, be compelled to proceed to a trial. The cause continued.

[In Case No. 6,934 certain depositions were offered and received upon the trial to prove descent.]

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