Joseph P. Bradley

“ It is contended that the institution of the suit against the defendant in three distinct capacities, as administratrix, as widow in community, and as tutrix of the minor heirs, was error. Supposing her to be bound and liable in these several capacities, the error, if one has been committed, is one of form rather than of substance. ”

“ The other assignments of error require but a passing notice One is, that judgment is rendered for all the costs against the defendant and the minor heirs in solido. If judgment may be entered against the minor heirs at all in the case, there is no error in this part of it. In actions at law, it is a general rule, that the losing parties, or the parties against whom judgment is rendered, are to pay the costs; and no apportionment of the costs is made between them. Each is liable for all, whatever may be their respective interests in the subject-matter of the suit. In equity it is different. ”

“ In common-law actions, it is not unusual to render two distinct judgments against an executor,-one directing money to be levied of the goods of the deceased in his hands to be administered, and the other (if he has made himself personally liable, and there are not sufficient goods of the testator) directing the same money to be levied of his own proper goods. ”