25-10-106. Several defendants not united in interest. When there are several defendants in the actions mentioned in 25-10-101, not united in interest and making separate defenses by separate answers, and plaintiff fails to recover judgment against all, the court must award costs to such of the defendants as have judgment in their favor.
History: En. Sec. 474, p. 229, L. 1867; re-en. Sec. 550, p. 148, Cod. Stat. 1871; re-en. Sec. 486, p. 169, L. 1877; re-en. Sec. 486, 1st Div. Rev. Stat. 1879; re-en. Sec. 499, 1st Div. Comp. Stat. 1887; re-en. Sec. 1854, C. Civ. Proc. 1895; re-en. Sec. 7157, Rev. C. 1907; re-en. Sec. 9790, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1026; re-en. Sec. 9790, R.C.M. 1935; R.C.M. 1947, 93-8605.
Structure Montana Code Annotated
25-10-101. When costs allowed, of course, to plaintiff
25-10-102. When costs allowed, of course, to defendant
25-10-103. When costs discretionary
25-10-104. When costs of appeal discretionary
25-10-105. Costs of review other than by appeal
25-10-106. Several defendants not united in interest
25-10-107. Costs when tender was made before commencement of action
25-10-108. Imposing costs on party acting as representative
25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs