Stiver v. Stiver

<p>This was a bill in chancery, adjourned here for decision by the Supreme Court of Montgomery county. The material facts of the cause were these: The defendant ha.d prosecuted a suit at law against the complainant, who was an executor. The suit was ■commenced within the time, when the statute provides, that, if a plaintiff sue an executor or administrator, he shall not recover costs. The case was canned by appeal to the Supreme Court, and there finally tried. The plaintiff in that case recovered, and in making up the record, a judgment was entered for damages and full costs against the defendant; the damages to be made of the goods of the testator, the costs of the proper goods of the defendant. This was certified to the court of common pleas, and execution issued for the amount. At the next term, the Supreme Court was applied to, to correct the judgment as to the costs, which was not done. A suit was then commenced on the appeal bond, by the original plaintiff at law, to subject the security to the payment of the costs in question. This bill was prosecuted to enjoin the recovery, and brought by appeal into the Supreme Court.</p>