
    Ker Boyce Adm’r. v. L. J. Hancock.
    Plaintiff sueing on a promise to his intestate, had in a former action suf fered non-suit for having erroneously set out his cause of action : Held, that he was not liable for costs; and in a second action for the same cause, the Court refused to stay proceedings until the costs of the first action were paid, vide Ex’ors. of Bordeaux v. Cave. ante. p. 6, and Panderhorst v. Whitner. 2 Bay. 399.
   Per Johnson J.

affirming the judgment of Mr. Justice Evans, at Newberry, Fall Term, 1830.

O’Neall J. and Harper J. concurred.  