Opinion
MAY TERM, 1801.
Rawle, for the plaintiff.
E. Tilghman, for the defendant.
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.
The objection is reasonable and just. The defendant cannot, under such circumstances, be compelled to proceed to a trial.
The cause continued.