Morse v. M'Coy

Curia.

An executor or administrator, plaintiff, is liable for costs on nonpros, (Rudd v. Long, 4 John. 190; Hawes, executrix, v. Saunders, 4 Burr. 1584;) so on judgment as in case of nonsuit. (Brown, executor, v. Lambert, 16 John. 148.) These were cases of judgment unaccompanied with any excuse.' The first is put on the ground of neglect, expressly, which indeed a mere non pros implies. In the last a judgment was perfected, when, it seems, the plaintiff came with an excuse, which it was held to late to receive. It is. also well settled, as a general rule, that an executor or administrator must…