
    *Jackson, ex dem. Lewis and Ely, against Powell.
    Where there were two plaintiffs in a cause, one of whom resided out of the state, and the other within the state, and the plaintiff within the state, died pending the suit, and the defendant obtained judgment, it was held that the attorney of the plaintiffs was not bound to pay the costs.
    A judgment having been rendered for the plaintiff in this cause,
    
      L. Elmendorf,
    
    at the last term, obtained a rule on Bowman, attorney for the plaintiff, to show cause why he should not be ordered to pay the costs, which were taxed, on the ground that one of the lessors of the plaintiff was dead, and the other resided out of this state.
    
      Bowman
    
    now showed for cause, that although one of the lessors was a non-resident at the time of commencing this suit, the other resided in this state, and died pending the suit, and contended that this was sufficient to exempt an attorney from the payment of costs.
   Per Curiam.

If one of the plaintiffs be resident within this state, at the time of commencing the action, the attorney is not within any rule of this court, subjecting him personally to the payment of costs. After the death of the resident lessor in the present case, the defendant might have applied for a rule to stay proceedings, until security for the costs was given. Having neglected this, he has no other remedy than to pursue the party himself, if he can be found.

Motion denied, with costs.() 
      
      (а) See 2 R. S. 620, § 1 ; also Grah. Prac. 2d ed. 505, et seq.
      
     