Hurst's Lessee v. Jones
Opinion
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.
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