§ 2148. Consolidation of actions against directors
(a) In all causes brought to the same Superior Court in favor of different creditors of a corporation against the directors thereof, or some of them jointly, based upon the provisions of the act or articles of incorporation, or a statute, to recover for loss sustained by such creditors by reason of the incompetency, neglect or remissness of such directors, and where the same parties are defendants in each action, such causes may be consolidated by the court, upon request of the defendants or upon request of such of the several plaintiffs as shall join in a motion therefor, and proceed to final judgment as one cause, and only one bill of costs shall be allowed to the successful party in court.
(b) If such judgment is for the plaintiffs, it shall show the amount of damages awarded to each. Separate executions shall issue thereon, with full costs in one cause and costs of writ, service and court fees in the others. If such judgment is for the defendants, the execution shall run against all the plaintiffs; but, as between themselves, they shall bear the costs in proportion to the amount of their respective claims.
(c) When actions are brought by several plaintiffs against the same defendants, as provided in subsection (a) of this section and any of such causes are continued by the term without the fault of either party, or to await the result of similar pleadings in another cause, costs shall not be taxed at such term in favor of either party, except court fees. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
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