Per Curiam.
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.