514.090. When one of several counts in a petition bad--costs, how awarded.

When one of several counts in a petition bad--costs, how awarded.

514.090. Where there are several counts in any petition, andany one of them be adjudged insufficient, or a verdict, or anyissue joined thereon, shall be found for the defendant, costsshall be awarded at the discretion of the court.

(RSMo 1939 § 1409)

Prior revisions: 1929 § 1245; 1919 § 1697; 1909 § 2266

(1987) For purposes of assessing costs, it is necessary that a plaintiff prevail on the issues which generated the costs, not on any particular claim. Cox v. Crider, 721 S.W.2d 220 (Mo.App.S.D.).