Holton Palmetto Press, Inc. v. Robinson

This motion concerns the right of defendant Robinson to tax costs as a result of the granting by the court after completion of the trial of such defendant’s motion to dismiss the first cause of action of the complaint as against him. The solution of the problem may be found in a definition of the word “ recovers ” as used in section 1483 of the Civil Practice Act, which as material hereto, reads: “ Costs, where plaintiff and defendant recover upon separate issues. In an action wherein the plaintiff is entitled to costs as of course, wherein the complaint sets forth separately two or more…