
    Gleason and another vs. R. Clark, administrator, &c.
    An executor or ultiefor costs jn error> ?nly cases where he would be ygsto^in the court below,
    Motion to amend judgment roll. H. Clark, as adminisirator, Sic. of A. Clark, deceased, obtained a judgment in the Warren common pleas against Gleason and another, for A ° c a demand due the intestate. The defendants in that suit brought a writ of error, and the judgment was reversed in this court. The plaintiffs in error, in making up their record, took a judgment for costs against the defendant in error personally, and now applied to the court for leave to amend the record, by entering a judgment for costs to be levied of the goods of the intestate, if the defendant in error hath so much thereof in his hands to be administered, and if not, de bonis propñis, &e.
    
      J. B. Lathrop, for plaintiffs.
    
      R. Weston, for defendant
   By the Court,

Sutherland, J.

An executor or administrator is liable for costs in error, only in cases where he would be subjected to costs in the court below. (1 H. Black. 566.) Here the defendant in error succeeded in the common pleas; but had he failed, he would not have been liable to costs there, nor is he liable personally to the costs of a writ of error. The plaintiffs are permitted to amend the record so as to take judgment against the goods of the intestate, on payment of the costs of this motion.  