Den v. Huff
Tennessee Supreme Court
This was an action of ejectment. At the return term, Huff, whose tenants were jointly sued • with one Gibson, was admitted to plead separately in the room and stead of his tenants. Gibson also pleaded for himself. The Clerk entered them as separate causes, and Campbell, the plaintiff, took out separate subpoenas in each case. Afterwards Huff compromised and confessed judgment for the costs of his case. He was charged with all the costs of witnesses- summoned in his ease.
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This was an action of ejectment. At the return term, Huff, whose tenants were jointly sued • with one Gibson, was admitted to plead separately in the room and stead of his tenants. Gibson also pleaded for himself. The Clerk entered them as separate causes, and Campbell, the plaintiff, took out separate subpoenas in each case. Afterwards Huff compromised and confessed judgment for the costs of his case. He was charged with all the costs of witnesses- summoned in his ease. Upon motion to retax the costs the Court below held that the defendant was properly charged.
1Opinion of the Court
Reese, J.:
The fact of several pleas docs not make several causes in any case but ejectment, and does not in that action necessarily. But where different questions are involved between different ■ parties upon different titles, it is proper in ejectment to sever the causes. The parties having recognized in this case a severance, and acquiesced in it, are bound by their acquiescence, and the taxation was hence proper. Each party will pay full costs. (1)
Judgment affirmed.
Splitting of cause of action and accumulation of costs. Dews v. Eastman, 6 Yerg. 298.
Separation of costs in same suit. Allison…
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