Hurst's Lessee v. Jones , 4 U.S. 353 ( 1801 )

4 U.S. 353

4 Dall. 353

1 L.Ed. 864

Hurst's Lessee
v.
Jones.

Circuit Court, Pennsylvania District.

May Term, 1801

1

A FORMER ejectment, between the same parties, for the same land, had been non pros'd; but the costs of suit remained unpaid.

2

The defendant's counsel objected to the trial of the present ejectment, until the costs of the former were paid.

3

By the COURT.

4

The objection is reasonable and just. The defendant cannot, under such circumstances, be compelled to proceed to a trial.

5

The cause continued.

6

Rawle, for the plaintiff.

7

E. Tilghman, for the defendant.