New York Breweries Co. v. Nichols

An extra allowance to parties defendant cannot exceed five per cent on amount involved. If such defendants appear by separate attorneys, an extra allowance equal to fire per cent may be apportioned between them, but cannot be allowed to each. (La le v. Kenedy, 63 How. Pr. 237 .) On this motion for leave to discontinue, the court determined that there should be allowed to each party appearing an extra allowance of five per cent. This was error, and the order should be so modified as to provide for an extra allowance of $125 to each defendant or set of defendants separately appearing, without costs.