
    Brassington v. Rohrs.
    (New York Common Pleas
    General Term,
    April, 1893.)
    A notice of appeal specified three separate appeals : (1) from a judgment entered upon an order sustaining a demurrer to part of an answer; (2) from an order made after judgment denying a motion to vacate same, and (3) from an order striking out the remainder of the answer as sham. Held, that upon affirmance, respondent was entitled to costs and disbursements on the appeal from the judgment which covered the appeal from the order sustaining the demurrer. ' On the two subsequent orders costs to be taxed without disbursements.
    Settement of orders of Greneral Term as to costs.
    
      
      Chas. J. Hardy, for plaintiff (respondent).
    
      Henry Wehle, for defendant (appellant).
   Daly, Oh. 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, separately 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.  