US Lawyer Database

14 §2906. Costs when trustees out of county or reside out of State

§2906. Costs when trustees out of county or reside out of State Persons summoned as trustees, residing out of the county where the action is pending, are not liable for any costs arising on the original process. If the person summoned as trustee is out of the State at the time the summons is served […]

14 §2907. Action fails, costs for defendant and trustee

§2907. Action fails, costs for defendant and trustee When the plaintiff does not support his action, the court shall award costs against him in favor of the principal and in favor of the persons summoned as trustees severally who appeared and submitted to examination on oath, and several executions shall issue accordingly.  

14 §2908. No costs for trustee unless he appears

§2908. No costs for trustee unless he appears When a person, summoned as trustee, does not come into court and declare that he had no property or credits of the principal in his hands when the summons was served and submit himself to examination on oath, the court shall not award costs in his favor […]

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 §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 §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 […]

14 §2713. Excess determined by court or jury

§2713. Excess determined by court or jury If it appears that the plaintiff has complied with the order of the court and that the trustee has refused or neglected to comply therewith, the court shall enter up judgment against him for the amount due and returned unsatisfied on the execution if there appears to be […]

14 §2902. Trustee entitled to costs; payment

§2902. Trustee entitled to costs; payment If any supposed trustee serves within the time required therefor a disclosure under oath declaring that at the time of the service of the trustee process upon him he had no goods, effects or credits of the principal in his possession and submitting himself to an examination, on oath, […]