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The Chancellor observed that, in his opinion, the case came within the principle of the rule allowing a plaintiff to discontinue without costs on showing that the defendant has been discharged as a bankrupt or insolvent after suit brought.- Here, if the plaintiffs succeed, they will be unable to collect any thing; and the motion should therefore be granted.
All the members of the court who heard the argument being of the same opinion,
Motion granted.
Document Info
Citation Numbers: 5 Hill & Den. 373
Filed Date: 6/15/1843
Precedential Status: Precedential
Modified Date: 1/12/2023