Allis v. . Wheeler

Before the amendment of 1851 to section 306 of the Code, the provision contained in that section that "when there are several defendants not united in interest and making separate defences by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such of the defendants as have judgment in their favor, or any of them," related only to actions other than those referred to in sections 304 and 305, and was so construed. (Daniels v. Lyon, 5 Seld., 549.) That case, although decided in this court in 1854, arose under the Code of 1849. But the…