The writ having been brought in the wrong county, where the defendant could not be legally held to answer, after the trustees were discharged, he had a right to move, that for this cause, the writ should abate and for his costs.

It would be against all precedent, as well as the manifest justice of the case, to permit the plaintiff in that stage of the cause, to avoid the payment of costs, to move to dismiss his own writ.

Exceptions overruled.