Fowler v. Starr

3 Denio 164

Opinion

By the Court, Beardsley, J.

The plaintiffs may discontinue without paying costs to the defendant. They necessarily prosecuted as administrators in the right of their intestate, and there is no reason to believe that the action was brought wantonly, or that it was either commenced or conducted in bad faith. (2 R. S. 615, § 16,17.)

Motion granted.