 | New York (State) - Law - 1880 - 832 pages
...in section 3228 of this 'everaire ac*? ^"herein the complaint sets forth separately two or tact880' more causes of action, upon which issues of fact are...that the substantial cause of action was the * same upon each issue ; in which case, the plaintiff only is entitled to costs. Costs, to which a party is... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...in section three thousand two hundred and twenty-eight of this act, wherein the complaint sets forth separately two or more causes of action, upon which...issues, and the defendant upon the other or others, euch party is entitled to costs against the ad verse party, unless it is certified that the substantial... | |
 | Law reports, digests, etc - 1885 - 676 pages
...of the Code. By that section costs are allowed to each of the parties where the complaint sets forth two or more causes of action upon which issues of fact are joined, when the plaintiff recovers upon one or more of the issues and defendant recovers upon the other or... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1886 - 690 pages
...3234 of the Code of Civil Procedure, which provides that when tlie complaint sets forth separately two causes of action upon which issues of fact are joined, if the plaintiff recover upon ouo or more of the issues, and the defendant recover upon the other or others, eacn party... | |
 | Civil procedure - 1887 - 814 pages
...in section three thousand two hundred and twenty-eight of this act, wherein the complaint sets forth separately two or more causes of action, upon which...that the substantial cause of action was the same upon each issue ; in which case, the plaintiff only is entitled to costs. Costs, to which a party is... | |
 | Law reports, digests, etc - 1919 - 1076 pages
...indicated by the verbiage especially of section 3234 of the Code, which specifically provides that "where the plaintiff recovers upon one or more of the issues...party is entitled to costs against the adverse party," and then continues : "The costs to which said party Is entitled must be Included In the final judgment... | |
 | Law reports, digests, etc - 1913 - 1290 pages
...section, the defendant is not entitled to costs, for the reason that the complaint did not set "forth separately two or more causes of action, upon which issues of fact are joined." Here there was only one cause of action, upon which the plaintiff recovered against the defendant,... | |
 | Law reports, digests, etc - 1889 - 1086 pages
...as follows: "In an action, specified in section 3228 of this act, wherein the complaint sets forth separately two or more causes of action upon which...that the substantial cause of action was the same upon each issue, in which case the plaintiff only is entitled to costs. Costs to which a party is so... | |
 | New York (State), Charles David Rust - 1889 - 864 pages
...in section three thousand two hundred and twenty-eight of this act, wherein the complaint sets forth separately two or more causes of action, upon which...that the substantial cause of action was the same upon each issue ; in which case, the plaintiff only is entitled to costs. Cost?, to which a party is... | |
 | Law reports, digests, etc - 1889 - 988 pages
...providing that where the complaint sets forth separately two or more causes of action upon which issues are joined, if the plaintiff recovers upon one or more of the issues, and defendant upon the others, each party is entitled to costs, and plaintiff only is entitled to costs.... | |
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In an action specified in section three thousand two hundred and twenty-eight of this act, wherein the complaint sets forth separately two or more causes of action, upon which issues of fact are joined, if the plaintiff recovers upon one or more of the... 
