Thomas v. Smith

SCOTT, J., pro tem.

Plaintiffs, husband and wife, sued for damages resulting from an automobile accident. The jury returned a verdict for William Thomas for $1,041, and a separate verdict for Winifred Thomas for $1500. Separate judgments were thereupon entered for said amounts. Upon filing of cost bill defendants moved to strike it on the ground that each judgment was for less than $2,000. From order denying such motion they appeal.

The two causes of action, to wit, that of the wife for personal injury and of the husband for consequential damage, were properly joined under section 427 of the…