Olifers v. Belmont
New York Court of Common Pleas
Action by Bartolemy J. Olifers against Perry J. Belmont and ■others. A demurrer- to the complaint was sustained (33 ¡N. Y. Supp. 275), and defendants move to settle the decision on the order sustaining the demurrer.
1Opinion of the CourtG-Iegebich, J.
Where a demurrer to an entire complaint in a common-law action is sustained, the right of the defendant to costs is absolute (Tallman v. Bernhard, 75 Hun, 30, 27 N. Y. Supp. 6); and in actions at law, where all of the defendants have succeeded upon the trial, those not united in interest, who have appeared by different attorneys, are entitled to costs of course and *624as a right (Railway Co. v. Burkard, 40 Hun, 626; Lane v. Van Orden, 11 Abb. N. C. 228, 63 How. Pr. 237). I do not, therefore, think I have any power to direct that only one bill of costs be allowed. Besides, I doubt if such power…
2Cases cited2 opinions
- Tallman v. BernhardNew York Supreme Court · 1894
- Lane v. Van OrdenNew York Supreme Court · 1882