Labron & Ives v. Woram

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.