Querissle v. Hilliard

Thurston, of the defendants, was examined, under section 399 of the Code, in answer to the testimony of the assignor of the demand, on his own behalf, as well as on behalf of his co-defendant, Hilliard. No matter was in issue, in which both defendants were not jointly interested, and as to which a separate judgment could have been rendered. A judgment having been recovered in favor of the defendants, the question now is, whether witnesses’ fees can be taxed for defendants—both having appeared and defended by one attorney.

I find in Perry v. Livingston, (6 How. Pr. R., 404), a case similar to…