
    CONSTITUTIONAL COURT,
    COLUMBIA,
    APRIL, 1804.
    Executors of Murrel v. Howard.
    An exeoutor plaintiff is not liable for costs on a verdict against hini, where he sues in right of h,s testator, even if he have assets of his testator in his hands unadministered; nor are such assets liable.
    This was an appeal from the decision of Brevard, J., in Union district, in April, ISfOfL The question was, whether eiecutors plaintiffs, upon a verdict against them, are liable to pay costs. The decision was, that judgment and execution might go against the property of the testator, to levy the costs of the goods, &c. of the testator, if <&c., but not to levy the costs of the proper goods of the executor, unless he has made himself liable.
   The court held the question under advisement until now, April, 1804. The resolution of the court was, that executors plaintiffs are not responsible for costs, in case of a verdict against them, where the suit is in right of the testator, even if they have assets of the testator in their hands unadministered ;■ and that such assets are not liable.  