 But where, in such an action against two or more defendants, the plaintiff is entitled to costs against one or more, but not against all of them, none of the defendants are entitle'd to costs, of course. In that case, costs may be awarded, in the discretion...  The New York Supplement - Page 7811909Full view - About this book
 | Iowa. Supreme Court - 1861 - 698 pages
...petition as sworn to, charges that the defendant was a non-resident, and this court has held that in an action against two or more defendants the plaintiff is entitled to an attachment against the property of one defendant, on making an affidavit showing the existence of... | |
 | Nathan Howard (Jr.), Rowland M. Stover, New York (State). Supreme Court - 1882 - 666 pages
...discretion of the court, and that is when the action is brought against two or more defendants in which " the plaintiff is entitled to costs against one or more, but not against all of them." In such a case it is declared " none of the defendants are entitled to costs, of course ; " and it... | |
 | 1886 - 520 pages
...Code, which, among other things, provides that in "an action against two or more defendants, wherein the plaintiff is entitled to costs against one or...of the defendants are entitled to costs of course. In that case costs may be awarded, in the discretion of the court, to any defendant against whom the... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1886 - 692 pages
...discretion of the court. (Cronin agt. Cronin, ante, 184.) 181 . Section 3229— Where in an action againgt two or more defendants the plaintiff is entitled to...one or more, but not against all of them, none of thu defendants are entitled to costs as of course. The provisions of this section of the Code of Civil... | |
 | 1887 - 814 pages
...unless he recovers the sum of fifty dollars of more. iff is entitled to costs, аз therein prescribed. But where, in such an action against two or more defendants, the plaintiff is entited to costs against one or more, but not against ail of them, none of the defendants are entitled... | |
 | New York (State), Charles David Rust - 1889 - 864 pages
...unless he recovers the sum of fifty dollars ot more. iff is entitled to costs, as therein prescribed. But where, in such an action against two or more defendants, the plaintiff is eutited to costs against one or more, but not »gainst all of them, none of the defendants are entitled... | |
 | New York (State), Morris Cooper - 1893 - 944 pages
...action specified in the last section, unless the plaintiff is entitled to costs. as therein prescribed. But where, in such an action against two or more defendants,...the defendants are entitle'd to costs, of course. In that case, costs may be awarded, in the discretion of the court, to any defendant, against whom... | |
 | New York (State), Morris Cooper - 1894 - 990 pages
...action specified in the last section, unless the plaintiff is entitled to costs, as therein prescribed. But where, in such an action against two or more defendants, the plaintiff is entitled to cost against one or more, but not against all of them, none of the defendants are entitled to costs,... | |
 | Marcus Tullius Hun, New York (State). Supreme Court - 1894 - 746 pages
...rendition of judgment in an action specified in the preceding section, unless the plaintiff is'entitled to costs. " But where in such an action against two...the Code of Civil Procedure. No substantial change lias been made by it in the construction and effect of those two sections as they existed after 1851.... | |
 | 1896 - 1194 pages
...NY Code of Civ. Pro., § 3229, providing that "where, in an action against two or more defendants, plaintiff is entitled to costs against one or more,...of the defendants are entitled to costs of course," it was held that, in an action against two defendants who had united in one answer, where judgment... | |
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