Holdrige v. Scott

Present — Daniels, Marvin and Lamont, JJ.

*304By the Court

Lamont, J.

An order was made at Special Term on the motion of defendant, who obtained a verdict herein, charging the plaintiff with costs personally, from which plaintiff appeals to the General Term.

The question is, whether the Code (§ 317) has changed the law, as it before stood, in such a manner, that an executor or administrator prosecuting an action in his representative capacity, and failing in the suit, is exempted, personally, from liability for costs in all cases, unless the court shall personally charge him therefor, on the score of…