Legal Opinion

Tracy v. Stone

New York Supreme Court

Decided August 15, 1850PublishedCited by 3 opinions

This was an action for libel. All the defendants appeared by one attorney, but two of them put in separate answers. On the trial of the cause, a verdict was rendered for the defendants. The defendants’ attorney made out two separate and full bills of costs which were allowed on adjustment by the clerk, the one bill at $157*37 and the other at $117*25. The plaintiff moved for a readjustment of the costs.

1Opinion of the Court

Parker, Justice.

The clerk was wrong in allowing two bills of costs. Where the defendants appear by the same attorney, there can be but one bill of costs. Such was the rule under the late practice; though formerly, when the defendants necessarily pleaded separately and where different witnesses were needed, the specific allowances for such additional pleadings and for such different witnesses were taxable in the bill of costs. But under our present system, there being no specific compensation for an additional answer, no charge could be made for it. The defendants in this case could have but…

2Cited by3 opinions

  1. Brockway v. JewettNew York Supreme Court · 1853
  2. Pagano v. GiulianiNew York Supreme Court · 1943
  3. Atkins v. LefeverNew York Supreme Court · 1868

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