
    Sarah Coxe, Widow, vs. David James.
    A defendant is not entitled to recover costs on quashing plaintiff’s writ, before an appearance entered, and the court will not stay the proceedings m *379] a *second action until tlie costs of quashing a writ in a former action be paid, unless the defendant has entered his appearance to the former action.
    
      Wall,
    
    applied for a rule upon the defendant to plead in thirty days.
    
      W. Hoisted,
    
    resisted this motion by making an application to the court that proceedings in the suit be stayed until the costs of a former suit, commenced by the plaintiff against the same defendant, (in which the writ had been quashed for a defective service,) be paid; and cited 4 Hals. Rep. 86; Ibid. 96.
    
      Wall.
    
    The writ in the former suit was quashed on the motion of the defendant’s counsel, before appearance entered. The defendant therefore was not entitled to costs. The statute, Rev. Laws 168, see. 2, gives costs to the defendant only after appearance.
   Ford, J.

As the statute gives no costs in this case, we cannot grant the rule to stay proceedings; the rule to plead must be ordered.  