Rice v. Leonard

California Supreme Court

Rice v. Leonard

5 Cal. 61

CourtCalifornia Supreme Court

DecidedJuly 1, 1855

StatusPublished

Cited by3 cases

This text of 5 Cal. 61 (Rice v. Leonard) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rice v. Leonard, 5 Cal. 61 (Cal. 1855).

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Opinion

Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

Costs, by way of indemnity, ought not to be taxed in case of a non-suit. 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.

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Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

Costs, by way of indemnity, ought not to be taxed in case of a non-suit. 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.

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Bluebook (online)

5 Cal. 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-leonard-cal-1855.

Opinion

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