4 Hill & Den. 588
Court for the Trial of Impeachments and Correction of Errors
Decided February 15, 1843
Court for the Trial of Impeachments and Correction of Errors · decided 1843-02-15
Assault and battery. A verdict having been rendered in this case against one of the defendants, and in favor of the other, the latter perfected judgment against the plaintiff for costs, including the costs of the judgment, and the other defendant made a bill of exceptions. moved to set aside the judgment, on the ground that the cause was still pending and undetermined, and that but one judgment record could be made and filed in the same cause. cited Hallock v. Powell, (2…
Decided 1843-02-15
¶1By the Court,
¶2The defendant who obtained a verdict is entitled to his judgment for costs ; but there should be but one record. This is, however, mere matter of form ; and if the costs of entering up judgment be deducted, the plaintiff cannot be prejudiced. On making such deduction, the judgment may stand.
¶3Ordered accordingly.