Hogeboom v. Clark
New York Supreme Court
SCIRE FACIAS to revive a judgment in favor of the tes-tutor against the defendant, who pleaded payment, and on the trial of the issue, at the last Columbia circuit, when the jury returned to the bar with their verdict, the plaintiffs, being ca^c It appeared that.the suit was not brought for the benefit of plaintiffs or of the testator’s estate, but for the assignee of ^ the .judgment, which was assigned soon after it was recovered. now moved that the plaintiffs pay the costs…
Read the full summary
SCIRE FACIAS to revive a judgment in favor of the tes-tutor against the defendant, who pleaded payment, and on the trial of the issue, at the last Columbia circuit, when the jury returned to the bar with their verdict, the plaintiffs, being ca^c It appeared that.the suit was not brought for the benefit of plaintiffs or of the testator’s estate, but for the assignee of ^ the .judgment, which was assigned soon after it was recovered. now moved that the plaintiffs pay the costs of the nonsuit., or that judgment be entered against them for the same; or for a rule that the assignee pay the costs.…
1Per curiam
The English courts, in the construction of their statute, have been disposed to narrow its operation, so as not to render executors and administrators liable for costs in many cases ; but we have given to our statute a more extended construction. The plaintiffs must pay costs.
Motion granted.
2Cited by1 opinion
- Judah v. Stagg's ExecutorsNew York Supreme Court · 1840