Administrators of Kellogg v. Wilcocks
New York Supreme Court
A JUDGMENT was given for the defendant, at the v last November term, on a demurrer to the declaiation of the plaintiffs. A question was now submitted to the court, whether the plaintiffs were liable to pay costs.
1Per curiam
Executors and administrators are excepted out of the second section of the act, (Laws of N. Y. vol. 1. 528.) which gives costs against a plaintiff when nonsuited, or on a Verdict against him. But the 12th section of the same act, which gives costs against a plaintiff on a judgment-on demurrer, against him contains no such exception in favour of executors and administrators. — * This section of the act was borrowed from the second section of the statute of the 8th and Sth William III. 'c. 11. and by the 4th section'of that statute, executors and, administrators are excepted. We are, therefore,…
2Cited by1 opinion
- Judah v. Stagg's ExecutorsNew York Supreme Court · 1840