
    John J. Fox, Appellant, v. George Muller et al., Respondents.
    (Supreme Court, Appellate Term,
    May, 1900.)
    Costs — Taxation against separate defendants after a verdict against all — Action not severed.
    After a verdict has been rendered against all the defendants in an action, it should not be severed for the purpose of entering judgment for interlocutory costs against some of them separately.
    Such a course is unnecessary as the clerk has power, under section 1246 of the Code of Civil Procedure, to docket judgments for different sums separately against each judgment debtor.
    Appeal from an order of the General Term of the City Court of the city of Hew York, affirming an order made at Trial Term, denying a motion to sever this action so that judgment be entered against the defendants separately.
    
      William T. Matthies (Henry Cooper, of counsel), for appellant.
    Hoffman & Hoffman, for respondent Muller.
    Max D. Steuer, for respondent Bendit.
   Per Guriam.

There seems to be no authority for severing an action after verdict against all the defendants. If the costs, awarded, against the defendants Muller by the interlocutory judgment, have not been collected, when the time comes to enter final judgment they may be taxed as, and included in the judgments against the Mullers. Code Civ. Pro., § 779. There is no reason why the plaintiff may not enter judgment for different sums against the several defendants. 'Section 1246 directs the clerk to docket judgments separately against each judgment debtor.

The order applied for is unnecessary, and the order denying it must be affirmed, with costs.

Present: Truak, P. J., Scott and Dugro, J J.

Order affirmed, with costs.  