An executor or administrator, on a judgment of nonpros, must pay costs; (4 Johns. Rep. 190.;) and we have put a judgment as in case of nonsuit against executors, for not proceeding to trial, on the same footing. Executors or administrators must pay costs in the one case, ' as well as in the other. The affidavits offered, to show the excuse of the plaintiff, for not proceeding to trial, cannot be received on this motion.
Motion denied, with costs.