Freer v. Love's Administrator

Ohio Supreme Court

Freer v. Love's Administrator

1 Wright 414, 1 Ohio Ch. 414

DecidedAugust 15, 1833

StatusPublished

This text of 1 Wright 414 (Freer v. Love's Administrator) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Freer v. Love's Administrator, 1 Wright 414, 1 Ohio Ch. 414 (Ohio 1833).

Pincite

Opinion

BY THE COURT.

The simple question in this case is, whether under the facts disclosed, the plaintiff was entitled to recover costs. It appears the suit was brought within a year after administration was granted. But it is urged, that as the suit was brought after the expiration of the time allowed to the executor, costs should be allowed. The law provides that no costs shall be recovered in suits against administrators, commenced within a year from the date of the letters on administration, or within the time allowed by the court to settle the estate, unless after a year the account shall have been presented and payment refused; 22 O. L. 129. This suit wras brought within a year, and is expressly within the prohibitory statute.

The judgment is affirmed, with costs.

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BY THE COURT.

The simple question in this case is, whether under the facts disclosed, the plaintiff was entitled to recover costs. It appears the suit was brought within a year after administration was granted. But it is urged, that as the suit was brought after the expiration of the time allowed to the executor, costs should be allowed. The law provides that no costs shall be recovered in suits against administrators, commenced within a year from the date of the letters on administration, or within the time allowed by the court to settle the estate, unless after a year the account shall have been presented and payment refused; 22 O. L. 129. This suit wras brought within a year, and is expressly within the prohibitory statute.

The judgment is affirmed, with costs.

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Bluebook (online)

1 Wright 414, 1 Ohio Ch. 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freer-v-loves-administrator-ohio-1833.