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Mason against Jackson

Nominate Series English Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1797
Date01 January 1797
CourtCourt of Common Pleas

English Reports Citation: 83 E.R. 576

COURT OF COMMON PLEAS

Mason against Jackson

Over-ruled, Henshall v. Robert, 1804, 5 East, 154.

mason against jackson. [Over-ruled, Henshall v. Roberts, 1804, 5 East, 154.] Executor non-suit shall not pay costs, tho' the action be for a tort in his own time. Postea 375. 4 Mod. 244." 2 Lev. 165. 2 Jo. 47. 1 Ventris, 92, 94, 166. Cro.El. 503. Cro. Cha. 29. Hutton 79. Cro. Ja. 229. Yelver. 168. 3 Leon, 152. 6 Mod. 91. B. B. H. per A. 351. 2 Stra. 871. 4 Term Kep. 277. Contra, 1 Ventris 109. Cro. Cha, 219. 1 Bac. Ab. 518. 2 Bac. Ab. 446. 1 Salk. 207. 2 Barnes 107. 2 Burrow 1451, 1584. B. E. H. per A. 193. Trover by an administrator, and declares, that he was possessed of such goods, and lost them, and the defendant converted them. Upon non culp. it was found for the defendant; and the question was, whether the plaintiff should pay costs ? For it was objected by Serjeant Seis, this action being founded upon his own possession, ho needed not have named himself administrator, and he cited Atlcey and Heard'x case, Cro. Car. 219, a like case, where the plaintiff paid costs. On the other side were cited Peacock's case, Cro. Cha. 29, where in ravishment of ward by an executor for a ravishment from himself, the plaintiff being nonsuit paid no costs; and Bull and Palmer's case, 2 Lev. 165. Pasch. 28 Car. 2, B. K. where in an assumpsit by an executor upon an insimul mmputasset with himself for a debt due to the testator, the executor was nonsuit, and paid no costs ; and per totam Curium the plaintiff shall pay no costs ; for the action is in right of the intestate, though the conversion...

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