Jackson ex rel. Eyck v. Clark
New York Supreme Court
There were eleven causes on the same demise against different defendants, and the same attorneys in each ; and the defendant’s attorney had prepared eleven different sets of papers, for eleven different motions for judgment as in case of nonsuit, on the same ground, and for the same cause arising at the same time; and the question was, whether the defendants should respectively, on the plaintiff’s stipulating, be entitled to have the expense of all these papers taxed against…
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There were eleven causes on the same demise against different defendants, and the same attorneys in each ; and the defendant’s attorney had prepared eleven different sets of papers, for eleven different motions for judgment as in case of nonsuit, on the same ground, and for the same cause arising at the same time; and the question was, whether the defendants should respectively, on the plaintiff’s stipulating, be entitled to have the expense of all these papers taxed against him.
1Opinion of the Court
Curia.
We are not aware that we have denied costs for any part of the papers when actually made out under these circumstances; though we have held, that in like cases, where they were in fact consolidated, they should not he taxed as separate sets.(a) It is competent, though not necessary, to come here upon distinct papers; and we allow them to be taxed in this instance: but we wish the bar to understand, that this will not be done hereafter in the like cases. Here arc the same plaintiff, the same lessors, and, though different defendants, the same attorneys in all the causes : and the same…
2Cases cited1 opinion
- Jackson ex dem. Burnett v. KellerNew York Supreme Court · 1820
3Cited by1 opinion
- Ferrett v. AtwillU.S. Circuit Court for the District of Southern New York · 1846