
    Case No. 6,933.
    HURST v. JONES.
    [4 Dall. 353.]
    Circuit Court, D. Pennsylvania.
    May Term, 1801.
    Ejectment — Former Suit — Nox Pros — Costs —Trial.
    [This was an action by the lessee of Hurst against Jones.]
    A former ejectment, between the same parties, for the same land,' had been non pros’d; but the costs of suit remained unpaid. The defendant’s counsel objected to the trial of the present ejectment, until the costs of the former were paid.
    [In Case No. 6,934 certain depositions were offered and received upon the trial to prove descent.]
    Mr. Rawle) for plaintiff.
    E. Tilghman, for defendant.
   BT THE COURT.

The objection is reasonable and just. The defendant cannot, under such circumstances, be compelled to proceed to a trial. The cause continued.  