
    Jonathan Akroyd et al. v. Christian Klug.
    
      Contempt—Election.—Objection that a party in contempt only available when he applies for a favor—Application to compel complainant 
      
      to elect in which court he will proceed, a matter of right.
    
    Graham, Noyes & Martin for complainants.
    Hawks & Scoville for defendant.
   Decided in this case that an objection that the defendant is in contempt is not a sufficient answer to an application that the complainant elect whether he will proceed in this court or in a court of law for the same cause. That it is only when the party in contempt applies for a favor that such an objection is available. But that the granting an application that the complainant elect is a matter of right, and not of mere favor. Order of reference as to identity of causes of action, and for an attachment against defendant.  