
    [34] RIGGS AND ANOTHER, EXECUTORS OF RIGGS, v. TYSON.
    1. The costs of a suit, abated by d.eath of testator, cannot be recovered by executor.
    2. When a judgment is entire, it cannot be reversed in part and affirmed in part.
    
      Certiorari to Justice Peck.
    It appeared by the return of the justice, that this action was, in part, to recover the costs of a suit brought by Tyson against Riggs, the testator, in his lifetime, which had abated by the death of Riggs.
   Per Curiam.

On an abatement no costs are recoverable at law, and this being an entire judgment, cannot be affirmed in part and reversed in part, but must be reversed altogether.

Cited in Krumerick v. Krumerick, 2 Gr. 42. 
      
      
         On the first point, see Hullock’s Law of Costs 131; Sayer’s Law of Costs 300, 301, 302; Allen v. Maxey, Barnes 120; Poekling v. Peck, 1 Str. 638.
     
      
       On the second point, see Jackson v. Commonwealth, 2 Bin. 79; 2 Bac. Abr. 500.
     