Barry v. McGrade
Supreme Court of Minnesota
This action was brought against the defendants (some thirteen in number) for the-wrongful taking and conversion of certain personal property of'the plaintiff. Issue was joined in the action, the defendants all appearing by the same attorneys, and uniting in one answer..
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This action was brought against the defendants (some thirteen in number) for the-wrongful taking and conversion of certain personal property of'the plaintiff. Issue was joined in the action, the defendants all appearing by the same attorneys, and uniting in one answer.. The cause was tried at the Carver County District Court, and resulted in a judgment in favor of plaintiff against two of the defendants for damages, &c., and a judgment in favor of the eleven defendants for costs. The costs were taxed by the Court below, and the eleven defendants take an appeal from the taxation. The grounds…
1Opinion of the Court
By the Cowrt
McMillan, J.
This is an appeal, by the defendants in whose favor judgment was rendered, from the taxation of costs by the Judge of the District Court on an appeal from the taxation by the Clerk.
In an action of tort against several defendants, where there is a verdict in favor of some of the defendants, and in favor of the plaintiff as to the other defendants, the defendants prevailing are entitled to costs, under Sec. 2, Ch. 67, Gen. Stat., p. 495.
Where the defendants in whose favor a verdict is rendered in an action of tort, rely upon the same defence, unite in the same answer,…
2Cited by2 opinions
- Slama v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of Minnesota · 1894
- Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880