Defendant's costs; when allowed.

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25-1710. Defendant's costs; when allowed.

Costs shall be allowed of course to any defendant upon a judgment in his favor in the actions mentioned in section 25-1708.

Source

  • R.S.1867, Code § 622, p. 504;
  • R.S.1913, § 8169;
  • C.S.1922, § 9120;
  • C.S.1929, § 20-1710;
  • R.S.1943, § 25-1710.

Annotations

  • Section recognizes common law precept. Keller v. State, 184 Neb. 853, 172 N.W.2d 782 (1969).

  • Defendant is ordinarily entitled to recover costs upon a judgment in his favor. Rehn v. Bingaman, 152 Neb. 171, 40 N.W.2d 673 (1950).

  • Successful party should be allowed costs as of course, where no reason appears why general rule should not be followed. Tobas v. Mutual Building & Loan Assn., 147 Neb. 676, 24 N.W.2d 870 (1946).

  • Defendant is not entitled to costs paid by him in order to obtain a change of venue. Moss v. Lindsey, 62 Neb. 829, 88 N.W. 119 (1901).


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