George v. Reed

104 Mass. 366

Opinion

By the Court.

This was originally an action of contract, but was changed by amendment into an action of tort. The defendants answered severally, as they had a right to do; and if they prevailed, they were entitled to tax costs separately. West v. Brock, 3 Pick. 303. Fales v. Stone, 9 Met. 316. Davis v. Hastings, 8 Cush. 313. When the plaintiffs moved to change the action to a suit in equity, the judge who allowed the motion had authority to fix the terms, and has done so. All we can do is, to give a construction to his order. We cannot doubt that “ taxable costs ” includes separate costs to each defendant.

Taxation affirmed.