Legal Opinion
Brown v. Lambert
New York Supreme Court
Decided May 15, 1819PublishedCited by 3 opinions
JUDGMENT as in case of nonsuit, having been obtained agajnst the plaintiff, for not proceeding to the trial of this ° *■ ' x ° cause, at the West Chester circuit, pursuant to notice, the defendant had the costs taxed.
1Per curiam
An executor or administrator, on a judgment of nonpros, must pay costs; (4 Johns. Rep. 190.;) and we have put a judgment as in case of nonsuit against executors, for not proceeding to trial, on the same footing. Executors or administrators must pay costs in the one case, ' as well as in the other. The affidavits offered, to show the excuse of the plaintiff, for not proceeding to trial, cannot be received on this motion.
Motion denied, with costs.
2Cited by3 opinions
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
- Selby v. HutchinsonIllinois Supreme Court · 1847
- Morse v. M'CoyNew York Supreme Court · 1825