
    Samuel J. Cone vs. James T. Sedgwick et al.
    First Judicial District.
    [Argued May 4th
    decided May 5th, 1898.]
    Suit to foreclose a mechanics lien and for damages, brought to the Court of Common Pleas in Litchfield County, where the plaintiff was nonsuited in a trial to the court, Welch, J. Shortly after the return day the defendant Sedgwick filed a written motion asking that the plaintiff might he required to cite in one Beach as a co-defendant, for the reasons therein set forth, which motion, after a due hearing by the court, was granted. The plaintiff objected to the allowance of this motion and excepted to the ruling of the court thereon. After the judgment of nonsuit had been rendered the plaintiff filed two separate appeals to the Supreme Court of Errors : one from the ruling of the court upon the motion to cite in Beach as a co-defendant, and one from the refusal of the court to set aside the nonsuit.
    In this court the appellees filed a plea in abatement and a motion to erase, in the first appeal, and a plea in abatement in the second, because the appeals were not taken to the term of court next to be held after they were filed.
    
      Motion to erase granted, and plea in abatement sustained.
    
    
      George A. Hielcox and Charles D. Burrill, for the appellant (plaintiff).
    
      George M. Woodruff and Frederick M. Williams, for the appellees (defendants).
   No opinion.  