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2 Abb. Pr. 413

Everson v. Gehrman

New York Supreme Court

Decided January 15, 1856

New York Supreme Court · decided 1856-01-15

<p>Appeal. — Costs.</p> <p>Where there is but one set of papers, one argument, and one judgment, there is but one appeal, and the successful party is entitled to but one bill of costs, notwithstanding that the several adverse parties appeared by different attorneys.</p>

Decided 1856-01-15

Whiting, J.

¶1Three of the defendants joined in an appeal from the special to the general term. The notice of appeal was signed by three different attorneys, and was of one appeal. The respondent’s attorneys were obliged to give notice to each of the attorneys, and although there was but one set of papers, one argument, and one judgment, he claims three separate and full bills of costs.

¶2I think there was but one appeal, and the respondent is entitled to but one bill of costs.

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