Hurst's Lessee v. Jones

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.