16 Johns. 148
Decided May 15, 1819
New York Supreme Court · decided 1819-05-15
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.
Cited by 2 later decisions — most recently April 1861
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1819-05-15
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¶1An 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.
¶2Motion denied, with costs.