Davis v. Newcomb
Court for the Trial of Impeachments and Correction of Errors
Motion to compel the plaintiff to insert in the record a judg- • ment for the costs taxed on behalf of the defendant Newcomb. The action was replevin. The defendants appeared by the same attorney and pleaded jointly. Verdict for the plaintiff against Harris, and in favor of Newcomb, who has had his costs taxed; but the plaintiff refuses to have them inserted in the record.
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Motion to compel the plaintiff to insert in the record a judg- • ment for the costs taxed on behalf of the defendant Newcomb. The action was replevin. The defendants appeared by the same attorney and pleaded jointly. Verdict for the plaintiff against Harris, and in favor of Newcomb, who has had his costs taxed; but the plaintiff refuses to have them inserted in the record. The circuit judge had certified in the minutes that there was reasonable cause for making Newcomb a defendant.
1Opinion of the Court
By the Court, Beardsley, J.
The legislature have provided that where one or more of several defendants, but not all of them, shall succeed in his or their defence, “in any action brought for the recovery of land or the possession thereof, or of nuisance, ' waste, trespass, or trespass on the case for any non-feasance cr mal-feasance, and if the judge or court before whom such trial shall be had, or such judgment shall be given, shall certify in *662the minutes of the court, that there was reasonable cause, for making the person so acquitted a defendant in such action, then such person shall not be…
2Cited by1 opinion
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