Stone v. Duffy & Brown

In an action for an assault and battery, where the plaintiff recovers less than fifty dollars, he is entitled, by the code of procedure, to no more costs, including dislursements, than the damages recovered.

[t is no objection to this right, that the successful defendant put in a joint answer with one or more against whom the plaintiff has recovered.

In this action,- which was for an assault and battery, the plaintiff recovered twenty-five dollars damages against Duffy, and a verdict was found in favor of the other defendant. The defendants appeared in the suit by the same attorney, and put in…