¶1It is well settled, that an executor or administrator must pay costs, on a judgment of non-pros. (3 Burr. 1584—1586. Tidd's K. B. Prac. 898. 6 Term, 654.) It is the default of the plaintiffs, and they ought not to be exempted, in such a case, from the payment of costs.
4 Johns. 190
Rudd v. Long
Decided February 15, 1809
New York Supreme Court · decided 1809-02-15
A JUDGMENT of non-pros having been entered against the plaintiffs in this cause, it was submitted to the court, whether, as executors, they were bound to pay costs.
Cited by 1 later decisions — most recently February 1835
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1809-02-15
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