Swan v. Littlefield
60 Mass. 417
Mass.
1850
Check Treatment
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.