§ 52-227 — Judgment for or against some of the parties only.

In any civil action in which a cause of action is sustained in favor of or against only a part of the parties thereto, judgment may be rendered in favor of or against such parties only; but any defendant against whom no recovery is obtained shall be entitled to costs. See Sec. 52-257 re fees of parties in civil actions.

Legislative History

(1949 Rev., S. 7976.) Section includes suits against partners. 25 C. 394. The ground of failure is immaterial. 28 C. 362. Withdrawal of action against one defendant. 31 C. 217. Cited. 43 C. 82; 44 C. 311. Only one bill of costs can be allowed to several defendants. 45 C. 102. Cited. 47 C. 210. Applies to defendants described as partners. 61 C. 48. Applies to joint tortfeasors. 67 C. 255; 73 C. 428; 79 C. 417; 83 C. 27. Statute is permissive. 68 C. 496. Cited. Id., 511. If two defendants join in same defense, they stand or fall together. 75 C. 356. Applied. 99 C. 644. Right to give judgment for or against some only of parties does not affect rules as to removal of causes to U.S. courts. 114 U.S. 59. Cited. 166 C. 325. Cited. 4 CS 167; 8 CS 30. Limits the taxation in Sec. 52-257 to one bill of costs though there may be more than one prevailing party. Id., 324. Cited. 18 CS 106. Judgment allowable against one party in joint promise action. 30 CS 593.