
    * Robert Treat, Plaintiff in Review, versus Joshua Hathaway &. Al.
    Where a plaintiff in review becomes nonsuit, because no review lay in the case, the defendant shall have his costs.
    The plaintiff in review, being the defendant in the original suit, suffered judgment to go against'him in that action by default After he had entered his review in this Court, at the last term, finding that he was not entitled to it, he became nonsuit. The defendants in review moved for costs. The action stood continued upon this motion ; and now the plaintiff opposed the motion, on the ground that the Court had no jurisdiction of the action of review, and could not therefore grant costs.
    
      Mellen for the plaintiff in review.
    
      Wilde for the defendants in review.
   By the Court.

This is no question of jurisdiction. It is the common case, where a plaintiff finds he cannot prevail, and therefore becomes nonsuit. Let judgment be entered that the defend ants recover their costs of the review.  