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Morton's executors v. Croghan's terre-tenants

1 Cow. 233 Court N.Y. Sup. Ct. English

Contents

Majority

p. 233
Morton’s executors against Croghan’s terre-tenants.

Headnote

Where several defendants appear and plead by one attorney, only one retaining fee will be allowed in taxation -against the plaintiff.
Otherwise, when they appear by different attorRies.
Several defendants appeared and pleaded by one attorney, and being entitled to costs against the plaintiffs, {vid. S. C. 20 John. 106 ,) the question was submitted whether a retaining fee should be allowed for each tenant.

Only one retaining fee is allowable. It would have been otherwise, had the defendants appeared by different attornies. This they were entitled to do, but they have chosen to proceed jointly.

One retaining fee only allowed.