
    Case No. 186.
    ALEXANDRIA v. PATTEN.
    [1 Cranch, C. C. 294.]'
    Circuit Court, District of Columbia.
    March Term, 1806.
    Pleading — Tender—Procedure.
    The plaintiff, upon a plea of tender, cannot take out the money and proceed for more.
    [Cited in Te Seng Co. v. Corbitt, 9 Fed. Rop. 431.1
    [NOTE. This case seems to have proceeded to judgment, which was for defendants. Plaintiffs excepted to the instructions of the trial judge, and obtained a reversal by the supreme court on writ of error, — see Mayor, etc., of Alexandria v. Patten, 4 Cranch. (8 U. S.) 317; but the above ruling was not involved in the case before the supreme court.]
    At law. Plea of tender, &c. Before trial of tbe issue,
    Mr. Swann, for plaintiff, moved tbe court for leave to take out tbe money and go on for tbe balance of his claim. Esp. N. P. 161.
   THE COURT thought the plaintiff could not take tbe money out and then proceed for more.  