Winthrop v. Carlton

8 Mass. 456 | Mass. | 1812

* By the Court.

The plea discloses no sufficient cause of abating the writ. Non constat that judgment will be *380rendered against the defendant in the other suit. That process depending may well support a motion for a continuance of this action; and while the action shall stand continued for such cause, it will not be proper for the plaintiff to tax his costs of travel and attendance.

G. Sullivan for the plaintiff. J. E. Smith for the defendant.