
    John D. Brassington, Resp't, v. Frederick Rohrs, Impl'd, App'lt.
    
      (New York Common Pleas, General Term,
    
    
      Filed April 8, 1893.)
    
    Costs—Appeal.
    Where a single notice of appeal specifies three separate appeals, from-the judgment, and from independent orders, the respondent, on affirmance, is entitled to costs of each appeal.
    Settlement of orders of general term.
    
      Chas. J. Hardy, for resp’t; Henry Wehle, for app’lt.
   Daly, Ch. J.

The appellant, upon a single notice of appeal to this court, brought up for review (1) the judgment of the general term of the city court upon demurrer, together with the order directing such judgment; (2) an independent order made after judgment, denying the motion to vacate such judgment; and (3) an independent order, striking out as sham that part of defendant’s answer which had not been demurred to.

Although there was but one notice of appeal, it specified three appeals, and the respondent is, therefore, entitled to costs of each appeal. Stanton v. King, 76 N. Y., 585. The appellant, for his own convenience, included his three appeals in one notice, but that does not make less than three appeals which respondent was called upon to contest and argue, and which were, in fact, sepaarately discussed in the briefs on both sides.

Respondent was not relieved from any labor, nor saved any time' by the form in which the appeals were taken.

We have, therefore, allowed costs upon the appeal from the judgment, which will cover the appeal from the intermediate order sustaining the demurrer. The disbursements allowed upon that appeal will cover all the printing upon all the appeals, as the appeal papers upon all were contained in one book, and the points upon all were embraced in one brief.

On each of the two remaining appeals from orders, costs to be taxed, without disbursements, are allowed. Goodridge v. Connor, 66 How. Pr., 143.  