US Lawyer Database

14 §2909. Trustee’s liability for costs

§2909. Trustee’s liability for costs If the amount disclosed is as large as the sum recovered in the action, the trustee is liable to no costs after service of the trustee process upon him; otherwise, he is liable to legal costs.  

14 §3102. Default for nonappearance; costs

§3102. Default for nonappearance; costs When the person summoned under section 3101 does not appear and answer to the action, that person must be defaulted, adjudged trustee to the extent provided in section 2614 and be liable to costs. If that person appears at the return day and submits to an examination on oath and […]

14 §2910. Trustee’s failure to pay costs when liable

§2910. Trustee’s failure to pay costs when liable If the person summoned as trustee and liable for costs as provided in section 2701 does not voluntarily pay them when demanded by the officer serving the execution, the officer shall state the fact in his return thereon. If it appears thereby that the costs have not […]

14 §2852. Before judgment; administrator cited

§2852. Before judgment; administrator cited If he dies before judgment in the original action, his executor or administrator may appear voluntarily or may be cited to appear as in case of the death of a defendant in an ordinary action. Further proceedings shall then be conducted as if the executor or administrator had been originally […]

14 §2853. Failure of administrator to appear; judgment rendered

§2853. Failure of administrator to appear; judgment rendered If in such case the executor or administrator does not appear, the plaintiff, instead of suggesting the death of the deceased, may take judgment against him by default or otherwise, as if he were living. The executor or administrator shall pay, on the execution, the amount which […]

14 §2856. Execution where administrator judged trustee

§2856. Execution where administrator judged trustee When an executor or administrator is adjudged trustee on account of goods, effects or credits in his hands or possession merely as executor or administrator in an action originally commenced against him as a trustee, or against the deceased, the execution shall not be served on his own goods […]

14 §2857. Remedy on bond where executor or administrator fails to pay

§2857. Remedy on bond where executor or administrator fails to pay If after final judgment against an executor or administrator for any certain sum due from him as trustee he neglects to pay it, the original plaintiff in the foreign attachment has the same remedy for recovering the amount, either upon a suggestion of waste […]

14 §2901. Discontinuance of action

§2901. Discontinuance of action When a trustee action is discontinued or settled by the principal parties to the action, the trustee is entitled to no costs if the plaintiff or the plaintiff’s attorney, at least 7 days before the trustee’s disclosure under oath is required to be served, notifies the trustee in writing that the […]