Canfield v. Gaylord
New York Supreme Court
This was an action of ejectment against four defendants, who joined in putting in a plea of not guilty. On the trial, three of the defendants had a verdict in their favor, and the plaintiffs had a verdict against the fourth defendant. The three defendants had a full bill of costs taxed in their favor, the same as if a verdict had been rendered in favor of all the defendants.
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This was an action of ejectment against four defendants, who joined in putting in a plea of not guilty. On the trial, three of the defendants had a verdict in their favor, and the plaintiffs had a verdict against the fourth defendant. The three defendants had a full bill of costs taxed in their favor, the same as if a verdict had been rendered in favor of all the defendants. The plaintiffs’ counsel objected, before the taxing officer, that no allowance ought to be made to the defendants, for services rendered or expenditures incurred on account of the joint defence, the defendants who had…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendants who obtained a verdict are entitled to a full bill of costs against the plaintiffs. 2 R. S. 616, § 18. The statute gives them their costs; and although the same services which were rendered for them were also rendered for the other defendant, against whom the plaintiff recovered, still, as the statute has not prescribed any rule of apportionment in such a case, it is not in the power of the court to make it. The defendants, however, have no right to make up a separate record ; they are entitled to have a judgment for costs in their favor, incorporated…
2Cited by8 opinions
- Monnet v. MerzThe Superior Court of the City of New York and Buffalo · 1892
- Johnson v. FarrellNew York Supreme Court · 1860
- Hinman v. BoothNew York Supreme Court · 1839
- Albany & West Stockbridge Rail-Road v. CadyNew York Supreme Court · 1843
- Hall v. LindoNew York Court of Common Pleas · 1859
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