Jackson against Peer.
where the pr0|" is brought in fh0 “nominal jlctment^the court will stay proceedings on g^ur^yrt’ ™ costs bo filed.
Trespass for the mesne profits of land recovered in an action of ejectment, brought by Jackson, as nominal plaintiff, on the demise of M. S. & J. A. Freeman, against the defendant. The present action was also in the name of Jackson, the nominal plaintiff in the ejectment.
J. Houghton, for the defendant,
moved that all proceedings on the part of the plaintiff be stayed until security should be given for answering the defendant’s costs, and cited Run. on Ej. 439, and Frary v. Dakin, (8 John. Rep. 353.) .
A Dixon, contra.
[MAJORITY — Curia.]
Curia.
It seems, by Runnington, 439, to be the practice of the English Courts to require security for costs, where the suit for mesne profits is brought in the name of the nominal plaintiff. We grant the rule as moved for.
Motion granted