Majority
p. 413Prince v. Camman and another. June 18, 1840.
Headnote
(j0SfSt Ca. sa.A ca. sa. is not to be taken out on a decree for costs and dismissal of bill.
The bill had been dismissed, with costs and the defendants issued a ca. sa. They were taxed;
The question (submitted) was, whether the parties issuing the writ were entitled to a ca. sa. for the costs 1
p. 414
Mr. Hamersley, for the defendants.
Mr. Western, for the complainant.
I am of opinion, after looking into the bill and at Ex parte Beatty, 12 Wend. 229 , (the latter giving a construction to the non-imprisonment act,) that this case comes within such act; and, consequently, that the complainant is not liable to a ca. sa. for the costs of the suit.
Order, to set aside the writ.
Cases cited
- Ex parte Beatty 12 Wend. 229 p. 414