Taylor v. Webb
Mississippi Supreme Court
Motion to quash the execution for costs issued herein against the appellee, so far as the same is to be levied de bonis propriis, and to correct the judgment, if necessary, in awarding execution de bonis propriis. cited sects. 1183 and 1190 of the Code of 1871.
1Opinion of the CourtSimrall, C. J.
An executor or administrator, as a suitor, assumes individually the risk of costs. It is entirely proper, therefore, to adjudge costs to be levied de bonis propriis.
The sections of the statute to which we have been referred seem to assume that to be the rule.
*632Sect. 1183 has no special reference to the subject. Sect. 1190 provides a method by which the executor or administrator may exonerate himself from the liability.
If the court awards the certificate therein suggested, he may be discharged from individual liability, although the estate £t may be insufficient to pay its debts.”
That state of…
2Cited by1 opinion
- Campbell v. DoyleMississippi Supreme Court · 1879