If any person sues in any court of record in this state in any action wherein the plaintiff or demandant might have costs in case judgment is given for him and he is nonprossed, suffers a discontinuance, is nonsuited after appearance of the defendant, or a verdict is passed against him, then the defendant shall have judgment to recover his costs against the plaintiff, except against executors or administrators prosecuting in the right of their testator or intestate, or demandant, to be taxed; and the same shall be recovered of the plaintiff or demandant, by like process as the plaintiff or demandant might have had against the defendant, in case judgment has been given for the plaintiff or demandant.
Source: R.S. p. 154, § 5. G.L. § 327. G.S. § 401. R.S. 08: § 1058. C.L. § 6574. CSA: C. 43, § 4. CRS 53: § 33-1-5. C.R.S. 1963: § 33-1-5.