Cottrell v. Den ex dem. Thompson

15 N.J.L. 344

Opinion

Per Curiam:.

We can make no rule on the executors. The consent of parties can give us no authority to render an extra judicial judgment in the premises. If the executors of the lessor of the plaintiff, are liable for the costs, it must be on the undertaking of their testator, to pay costs according to the terms of the consent rule entered into by him ; and whether they are so liable or not, we must leave to be settled in an action against them, by the defendant in ejectment.