
    Patterson's Executors v. Ball & Bowie.
    If the plaintiffs dismiss their hill because they are not competent to sue as executors in the District of Columbia; a lawyer’s fee may be taxed against them.
    Attachment in chancery. The defendants had by answer denied that the plaintiffs were executors in the District of Columbia. The plaintiffs thereupon dismissed their bill.
    
      Mr. Youngs, for the defendants.
    
      Mr. Swann, for the plaintiffs.
   The Court

was of opinion that a lawyer’s fee should be taxed against the complainants, although they styled themselves executors. The defendants having denied that they were executors, have thrown the burden of proof on the plaintiffs. And by dismissing their bill they have tacitly admitted that they were not competent to sue here as executors. See Virginia law of 19th November, 1792, § 14, p. 98.  