Swan v. Littlefield

60 Mass. 417 | Mass. | 1850

By the Court.

The nonsuit in the first action was on the merits. The defendants set up their discharge; and the plaintiff, not being able to encounter successfully the discharge, became nonsuit, which was confirmed by the whole court of common pleas. This action is not within the provision of the Rev. Sts. c. 120, §§ 11 and 12.

Exceptions overruled.