§56-4-35. Verdict and judgment as to particular defendants; costs.
If, in an action at law, to which one or more parties
defendant have been added under the provisions of the preceding
section, it shall appear by the subsequent pleadings, or at the
trial thereof, that any of the defendants are liable, but that one
or more of the persons so added are not liable, the plaintiff shall
be entitled to judgment, or to verdict and judgment, as the case
may be, against the defendants who are liable, and such as are not
liable shall have judgment and recover costs as against the
plaintiff, who shall be allowed that part of the costs pertaining
to added defendants not liable, as costs against the defendants who
caused them to be made parties.