
    Mayor, &c., of Alexandria, for the Use of Ladd, v. Patten and Sureties.
    The plaintiff, upon a plea of tender, cannot take out the money and proceed for more.
    Plea of'tender, &e. Before trial of the issue,
    
      Mr. Swann, for the plaintiff,
    moved the Court for leave to take out the money and go on for the balance, of his claim. Esp. N. P. 161. . •
   The Court

thought the plaintiff could not take the money out and then proceed for more.  