
    Prince v. Camman and another.
    
      June 18, 1840.
    
      (j0SfSt Ca. sa.
    
    A ca. sa. is not to be taken out on a decree for costs and dismissal of bill.
    The bill had been dismissed, with costs and the defendants issued a ca. sa. They were taxed;
    The question (submitted) was, whether the parties issuing the writ were entitled to a ca. sa. for the costs 1
    
      Mr. Hamersley, for the defendants.
    Mr. Western, for the complainant.
   The Vice-Chancellor :

I am of opinion, after looking into the bill and at Ex parte Beatty, 12 Wend. 229, (the latter giving a construction to the non-imprisonment act,) that this case comes within such act; and, consequently, that the complainant is not liable to a ca. sa. for the costs of the suit.

Order, to set aside the writ.  