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Rice v. Leonard

Supreme Court of California
Jan 1, 1855
5 Cal. 61 (Cal. 1855)

Summary

In Rice v. Leonard, 5 Cal. 61, this argument, so far as it applies to "joint defendants" or "codefendants" with but a single and unified interest, was laid to rest.

Summary of this case from City of Downey v. Gonzales

Opinion

         Appeal from the Fourth Judicial District, San Francisco County.

         COUNSEL:

         W. H. Rhodes, for Appellant.

          H. S. Love, for Respondents.


         JUDGES: Murray, C. J., delivered the opinion of the Court. Heydenfeldt, J., concurred.

         OPINION

          MURRAY, Judge

         Costs, by way of indemnity, ought not to be taxed in case of a nonsuit. The statute looks to an actual determination of the cause upon its merits.

         So, where an action has been commenced against several defendants, and there has been a judgment in their favor, they are not all entitled to recover separate costs to the amounts allowed by the Act, but can only recover jointly, as though there had been but one defendant.

         The judgment of the Court below is reversed, with directions to re-tax the costs, in conformity with this opinion.


Summaries of

Rice v. Leonard

Supreme Court of California
Jan 1, 1855
5 Cal. 61 (Cal. 1855)

In Rice v. Leonard, 5 Cal. 61, this argument, so far as it applies to "joint defendants" or "codefendants" with but a single and unified interest, was laid to rest.

Summary of this case from City of Downey v. Gonzales
Case details for

Rice v. Leonard

Case Details

Full title:Angelica T. Rice, Appellant, v. Patrick Leonard&others, Respondents

Court:Supreme Court of California

Date published: Jan 1, 1855

Citations

5 Cal. 61 (Cal. 1855)

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It has been held, however, by the Supreme Court that there should be a joint judgment for costs. (See Rice v.…

City of Downey v. Gonzales

In essence, they argue that the recovery should be the same as if there had been 28 separate trials, with the…