Aeby v. Rapelyea

"Where there is a severance of the action, either before or on the trial, a defendant who sue- ■ ceeds may perfect a separate judgment against the plaintiff, without reference to the co-defendants. (Statutes of 1832, p. 489, § 4.) . But where, -as in this case, all of the defendants succeed on one trial without a severance of the action, only . one judgment should be perfected against the plaintiff.

Motion granted.