West v. Brock

Decided October 15, 1825

Massachusetts Supreme Judicial Court · decided 1825-10-15

Trespass against Brock, Barnard and Chace for an assault and battery. The action was entered in the Court of Common Pleas at September term 1823, and was continued till March term 1824,. when it was brought into this Court by demurrer. The defendants pleaded jointly in the court below. Here the plea and demurrer were waived and they pleaded severally a justification ; and upon a trial the plaintiff obtained a verdict against Brock only.

Decided 1825-10-15

Per Curiam.

¶1The defendants wno were acquitted are entitled to joint costs to the time of their pleading severally, and to separate costs afterwards.* The costs of the depositions and witnesses are to be apportioned, so that they shall recover two-thirds of such costs.1

¶2 See Ewer v. Beard et al., ante, 64.

¶3 See Durgin v. Leighton, 10 Maas. R. 58.