Empire Produce Co. v. Allen

We may indulge in two assumptions as to the original judgment of March 30, 1925, under either of which the judgment appealed from must be reversed. Let us assume, first, that the original judgment dismissed the complaint upon the merits as to all defendants mentioned in its title, including defendant Ring, as administrator (respondent on the instant appeal), although there was no adjudication of costs in favor of this respondent. The judgment was not several and it did not direct a severing of the action. (Civ. Prac. Act, § 474.) Plaintiffs appealed “ from the whole of said [original]…