Brotherson v. Hodges

6 Johns. 108

Opinion

Per Curiam.

The nonsuit must be set aside, and a new trial awarded, with costs, to abide the event. Though all the tenants in common do not join in the action of trespass quare clausum fregit, the defendants cannot take advantage of the omission, at the trial, or in any other way than by pleading it in abatement. This is the rule in actions for torts. (1 Saund. 251. note g. h. where the authorities are all collected.)

Rule granted.