Anonymous — 2 Cow. 591

Majority

p. 591

Anonymous.

Headnote

Tho’ judg. ment be against executors and heirs in separate smts j°T the same debt, on the same bond, there will not be one taxation of costs under tb® l. S2i, s. 14,) wblcb aPPliea where the debe^ued jointly

The plaintiff had taken judgment for the same debt, on the same bond, against the executors in one action and the , . n i . . . . , heirs ot the testator in another action, ana

J. Smith ,

moved that there be but one taxation of costs. He claimed this under the statute, (1 R. L. 521, s. 14.) p .

were clear, without hearing Silliman, who was to have argued on the other side, that the statute did not apply to this case. They said, it is confined to actions where the defendants may all be sued jointly, as in case of a joint and several bond—not where they must be sued severally, as here.

Motion denied with costs.