If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried the issue is of the opinion that the defendant had probable cause to plead the matter found against him.
(1949 Rev., S. 7988; P.A. 82-160, S. 118.)
History: P.A. 82-160 replaced “the cause” with “an action” and rephrased the section.
Practice act changed former method of pleading defenses. 67 C. 377. Cited. 71 C. 198; 192 C. 301.
Section provides for costs only after a verdict in the trial court, not for costs arising from a prior appeal in which plaintiff prevailed in the Supreme Court. 187 CA 486.