Stolper v. Barbarita

The question on this appeal is one of the construction of section 1476 of the Civil Practice Act, which reads as follows: ‘ ‘ Where, in 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 entitled to costs, of course. In that case, costs may be awarded in the discretion of the court to any defendant against whom the plaintiff is not entitled to costs, where he did not unite in an answer, and was not united in interest, with a defendant against whom the plaintiff is entitled to costs. ’ ’

In…