p. 418Headnote
Practice. Costs. Death of complain ant.Solicitor for a. client residing in France filed a bill; but such client was then dead. As soon as he knew the fact, he notified the defendant’s solicitor; but the latter continued proceedings on his part. The court stayed them on motion ; and gave him costs only to the day he had notice of the death.
Motion to restrain the solicitor for the defendant from taking any further steps in the cause ; on the ground of the complainant’s death.
The complainant resided in France ; and was, in fact, dead at the time the bill was filed. When the news of her decease came out, the counsel for the complainant notified the solicitor of the defendant of such death ; but such solicitor continued proceedings by putting in a plea. He was requested to make out his costs and a proposition was made to submit them to the taxing officer; this, he refused to do and kept on with his proceedings.
Mr. Marbury, for the motion.
Mr. Lockwood, contra.
I think it is proper to make an order on the defendant and her solicitor to stay all further proceedings on the part of the defendant—proceedings on the part of the complainant are, of course, at an end, since any steps that might be taken would be nugatory. As the defendant has been brought into court, her solicitor is entitled to costs, but only up to the nineteenth day of June, when he received notice, from the complainant’s solicitor, of her death. From that time the defendant’s solicitor should have forborne to take any proceedings, except merely to ask for his costs ; and I think he ought to have acceded to the proposition made to him on that subject and not have put the complainant’s solicitor and counsel to the necessity of making this application. While, therefore, he is to have his costs of the suit to be taxed for all his
p. 419proceedings to the eighteenth day of June inclusive, he must pay costs to the complainant of the present motion to be taxed,
The costs, when taxed, to be setoff and the balance paid.
Order accordingly for a stay of proceedings and the payment of costs.