From Nash.
Where a suit abates by the death of one of the parties, each party is Hable for his own costs.
An action had been pending in this Court, in which one Dempsey Taylor was the Plaintiff, and Hanan & Zealous Taylor were the Defendants — Dempsey died, and in consequence of his death, the action abated some terms ago, and the Defendants took out letters on his estate.
' At last term, Badger, on behalf of the officers of the Court below, and of the witnesses who had attended in that Court, obtained a rule upon the Defendants in their own right, and also as administrators of Dempsey Taylor, to show cause why execution should not issue against them for costs. And at this term, the rule coming on to be heard,
The Court said, where a cause abates by the death of one of the parties, as there is no judgment for costs? *100 each pai'ty remains liable to pay bis own, and esecution may issue therefor, at the instance of the officers, and others, who have rendered their services and are unpaid. Let execution issue against the Defendants de. bonis propriis for their own proper costs, and de bonis in-testati, for the costs of their intestate.
Rums made absolute.