Judah v. Stagg's Executors
New York Supreme Court
Costs against executors in error. The executors sued Judah in the marine court of the city of New-York, where they were non-suited. On certiorari, the superior court of the city of New-York reversed the judgment. Judah then brought error to this court, where the judgment of the superior court was reversed, and that of the marine court affirmed.
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Costs against executors in error. The executors sued Judah in the marine court of the city of New-York, where they were non-suited. On certiorari, the superior court of the city of New-York reversed the judgment. Judah then brought error to this court, where the judgment of the superior court was reversed, and that of the marine court affirmed. The plaintiff in error perfected the judgment of reversal with costs against the defendants in error, which they now move to set aside, on the ground that executors are not liable for costs.
1Opinion of the Court
By the Court,
Bbonsoh, J.
The statute exempting ex? ecutors from costs in suits brought against them, does not extend to proceedings in error. 2 R. S. 90, § 41. The whole judgment was reversed, and a new trial was not ordered. In such cases, the statute is general, that the plain? tiff in .erro.r shall recover costs, without any exception in fa? vor of executors. 2 R. S. 618. § 31. We are not authorized to make an exception which the legislature has not thought proper to make. Administrators of Kellogg v. Wilcocks, 2 John. 377. Hogeboom v. Clark, 17 John. 268. It seems, however, that the costs…
2Cases cited3 opinions
- Administrators of Kellogg v. WilcocksNew York Supreme Court · 1807
- Gleason v. ClarkNew York Supreme Court · 1828
- Hogeboom v. ClarkNew York Supreme Court · 1820
3Cited by3 opinions
- Benjamin v. Ver NooyAppellate Division of the Supreme Court of the State of New York · 1899
- Hunt v. ConnorNew York Supreme Court · 1864
- Benjamin v. Ver NooyAppellate Division of the Supreme Court of the State of New York · 1899