The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant's benefit.
Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., § 4952; Code 1932, § 9105; T.C.A. (orig. ed.), § 20-1619.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 243.
Cited: O'Neill v. Parks, — S.W.3d —, 2008 Tenn. App. LEXIS 568 (Tenn. Ct. App. Sept. 29, 2008).
Collateral References. 20 C.J.S. Costs § 222.