1 Wend. 34
Decided May 15, 1828
New York Supreme Court · decided 1828-05-15
<p>An executoror administrator ts liable to costs on amotion for judgment as in case of non-suit, unless diligence is shewn in the Stion of</p>
Cited by 2 later decisions — most recently January 1914
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1828-05-15
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¶1By the Court,
¶2Whether, an executor or administrator shall pay costs on a motion of this kind, depends upon the diligence used in the prosecution of the suit. (4 Cowen, 552.) The plaintiff offers as an excuse for not trying the cause at the last circuit, the absence of a material witness, but shews no diligence in procuring his attendance. The motion is granted, unless the plaintiff stipulates and pays costs.