Harrison v. Warner

Harrison, as administrator of Zimmerman, brought an action of debt against Warner, on a note executed by Warner to Zimmerman in his life-time. Plea, no consideration; and verdict for the defendant. The Court gave the defendant a judgment for costs, to he levied of the goods and chattels of the deceased in the plaintiff’s hands, to he administered, if to he had, and if not, of his own proper goods and chattels. The propriety of this judgment for costs, de bonis propriis, is the-only question.

It is a general rule, that when an administrator sues as such he is not liable for costs. Elwes v.…