Kinney's Administrator v. Lockwood
Ohio Supreme Court
Error. The plaintiff sued Lockwood for a demand of his intestate. On trial, he was non suited, and a judgment was rendered against him for costs, to be levied, &c. The error complained of, is the rendering judgment for costs.
1Opinion of the CourtWright, J.
The general rule is, that a party recovering judgment shall recover costs. Our administration law excepts administrators from this rule in certain cases. If the suit is brought within eighteen months after the date of the letters of administration, or within the time allowed for the settlement, no costs are recovered. They may'be recovered in suits brought after that time, or in suits brought after a year, if the demand has been presented to the administrator, ten days and rejected, and a recovery is had of the amount of the demand rejected; 29 O. L. 237. There are cases, therefore, in which…
2Cited by6 opinions
- Hays v. Commonwealth ex rel. McCutcheonSupreme Court of Pennsylvania · 1877
- Southwark Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1864
- City of Pittsburg v. First National BankSupreme Court of Pennsylvania · 1867
- Jones & Nimick Manufacturing Co. v. CommonwealthSupreme Court of Pennsylvania · 1871
- Commonwealth v. Fayette County RailroadSupreme Court of Pennsylvania · 1867
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