Clayton’s Notebook, 78

BROWN’S ADMINISTRATOR v. MIFFLIN.

Supreme Court of Delaware, Kent County.
October, 1818.

This suit was discontinued by the plaintiff, Thomas Lockwood, who after applied to the Court for a rule to have it reinstated on the ground: first, that there was a good cause of action; second, that the defendant imposed on him by making false representations respecting the cause of action, which the plaintiff knew nothing about, the suit having been commenced by his intestate.

JOHNS, C. J.

The cause is out of court. We can do nothing with it.