
    Phœnix, Administrator, against Hill.
    Where an executor or administrator brings a wrong action, by mistake, the court will allow him to discontinue without costs.
    THIS was an action brought on a decree of a court in Scotland. The writ was returned at the November term in 1806, and the defendant was discharged on common bail, the plaintiff not being able to show a sufficient cause of action. A rule was afterwards entered for the plaintiff to declare, and he now applied for leave to discontinue without payment of costs.
   Per Curiam.

There is no evidence that the administrator, knowingly, brought a wrong action, and we are not to presume it. We are, therefore, of opinion that he ought to be allowed to discontinue without the payment of costs.

Rule granted.  