Majority
p. 33Geo. D. Post et al. agt. Samuel T. Jenkins, and three other causes. December Term, 1845.
Headnote
Where there are several causes between the same plaintiff and different defend" ants, and motions in each are made by defendants for judgment as in case of nonsuit, and granted unless plaintiff pay costs, &c., and separate papers for the motions are made, the attorneys being the same in each; the costs for one motion only will be allowed. In such a case the motions might all be made with one set of papers and notice; the attorneys being the same in each.Motion by defendants in each cause for judgment as in case of nonsuit.
These were four causes between the same plaintiffs and different defendants and same attorneys. The motion papers were made out separate, and the motions granted unless plaintiffs stipulated and paid $10 costs only, including the four motions. It was insisted by defendant’s counsel that costs in this motion should be allowed. Plaintiff’s counsel.insisted that all the causes might have been entitled in one affidavit and notice, and the whole object could have been accomplished by one motion.
P. Cagger, defendants counsel.
G. B. Wood, defendants attorney.
H. Gray, plaintiffs' counsel. ■
Gray & Hathaway, plaintiffs' attorneys.
Allowed costs for one motion only, on the ground that the four motions might haye been made in one, and one set of papers only used, the plaintiffs being the same in each cause, and the facts for .the motions the same, and the attorneys the same.
*There was another decision made at the same time with the above, and in the same way, where there were 32 causes all the same plaintiff and different defendants and same attorneys ; motion was made in each cause for judgment as in case of nonsuit, which was granted unless plaintiff stipulated and paid $10 costs only, including all the causes. The papers, however, in the last case, differed from the first, there being but one set of moving papers for all the causes.