If, in any action, judgment upon motion to dismiss by either party to the action is given against the plaintiff, the defendant shall recover costs against the plaintiff; if such judgment is given for the plaintiff, he shall recover costs against the defendant.
Source: R.S. p. 155, § 7. G.L. § 329. G.S. § 403. R.S. 08: § 1056. C.L. § 6572. CSA: C. 43, § 2. CRS 53: § 33-1-7. C.R.S. 1963: § 33-1-7.