
    Robert Leeds vs. Daniel Doughty, Enoch Doughty, Nathaniel Doughty and Parker Cordery.
    The court will not grant rules to stay waste in actions of trespass.
    This was an action of trespass quare clausum fregit brought by Leeds against the defendants.
    
      White, on behalf of the plaintiff, moved for a rule upon the defendants to stay waste, and exhibited to the court iri support of his motion, an affidavit of the plaintiff, stating “That on Tuesday, the tenth day of November instant, and as this deponent understood, after the writ of summons was served on the defendants in this suit, he, this deponent, saw Thomas Collins and another person carting wood which had been cut on the lands in dispute, or the same lands on which the trespass was committed for * which this suit was [*194 commenced, and that the said persons were using the teams of Enoch Doughty and Nathaniel Doughty, two of 
      the defendants, and that they continued so to trespass on the same daily, it being a tract of woodland, valuable chiefly for the timber thereon.
   Per Curiam.

It is not the practice of the court to grant rules to stay waste in actions of trespass.

Motion refused.  