Pershall v. Elliott

¶1Judgment modified by striking out the provision as to costs in so far as the individual defendants are concerned, and as so modified unanimously affirmed, without costs. While we are of opinion that the conclusion reached by the learned trial justice was correct, we hold that since the individual defendants are innocently involved, they should not be charged with costs in this equity action. Present — Lazansky, P. J., Rich, Hagarty, Seeger and Carswell, JJ.