
    BRISLEY v. JONES.
    A having recovered a judgment at law against B and issued execution, which was returned “ no goods or lands,” filed a creditor’s bill against B, tvhich, after answer, was dismissed with costs. Held that the judgment at law could not be set off against the costs of B on the creditor’s bill.
    Brisley recovered a judgment at law against Jones, and issued execution thereon, which was returned “ no goodn or lands,” and thereupon filed a creditor’s bill against Jones, which, after answer, was dismissed with costs.
    Brisley now moved that his judgment at law be set off against these costs.
    
      P. D. Vroom, for the motion,
    cited 13 Wend. 649; 16 Ibid. 446; 1 John. Ch. Rep. 91; 6 Ibid. 317; 3 Halst. Rep. 172.
    
      S. R. Grover, contra,
    
    cited 2 Bl. Rep. 869; 2 N. Y. Term Rep. 105; 1 Paige 622.
   The Chancellor.

The bill goes on a charge of fraud, a charge that the defendant has property, which he secretes, and refuses to apply to the payment of his debts, and calls for an answer and discovery.

If there is no ground for such a charge, the defendant should not be subjected to the payment to his solicitor of the costs of resisting it. Mere experiment by the creditor would be encouraged if his judgment at law would protect him against the payment of costs to the defendant.

Motion denied.  