Gale and Till
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 178
IN THE COURT OF KING'S BENCH
[400] 34. gale and till. Upon a motion for a direction to Mr. Ashton to tax costs, the case was, Judgment was given against an executor, who brought a writ of error, and the judgment was affirmed ; upon which the question was, if he shall pay costs in the writ of error, upon the judgment being affirmed, and ruled per Curiam that he shall not pay costs; and it is not like to the case of trover brought by an executor, where he shall pay costs upon a nonsuit, for there he is not obliged to name himself executor; but here the writ of error is only as executor; and if the judgment had been reversed, and restitution made, the money, &c. restored, had been assets, and the course has always been accordingly, that he shall not pay costs, the which is the best exposition of a statute; and the Court demanded what difference there was between an executor not being bound by the Statute of 3 Jac. to find bail upon a writ of error, and to pay costs; to which it was answered by Northey, that if he shall find bail, this will be to pay the condemnation; and though there will be no reason to compel him to pay the condemnation out of...
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Gale against Till
...are defendants in the original action, they are liable to costa in error.-S. C. 3 Lev. 375, 396. S. C. Comb. 228. S. C. Carth. 281. S. C. Skin. 400. An administrator brought a writ of error to reverse a judgment against himself; but the judgment was affirmed. A. motion waa now made that he ......
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Gale v Till
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