Hills

Appeal from a judgment awarding defendants costs and attorneys’ fees in an action for slander. The proceeding was commenced on January 28, 1927. No bond was filed as required by statute in cases of this character nor was any summons ever issued. On February 4, 1927, defendant A. D. Shaffer, who is an attorney at law, served upon plaintiff written notice of appearance on behalf of himself alone. At the same time Shaffer served notice upon plaintiff for the taking of a deposition. This notice was signed “A. D. Shaffer and Anthony Podesta, Attorneys for A. D. Shaffer.” On February 7th following, and before any of the other defendants appeared, the action was dismissed by plaintiff. Thereafter Shaffer and Podesta filed a cost bill, including $100 as attorneys’ fees for each of the defendants, amounting in all to the sum of $602.50. This claim was verified by Podesta as attorney for the defendants. It recited that the disbursements were necessarily incurred in the action. It appeared at the hearing that Podesta was employed by Shaffer to assist him and the other defendants in the action; that a material witness was about to depart from the state and the appearance made by Shaffer was…