In all actions founded on debt or other contract, if the plaintiff recover an amount which, exclusive of interest, is below the jurisdiction of the court, he shall recover judgment therein, but the costs shall be adjudged against him unless the plaintiff's claim, as established on the trial, shall be reduced by offsets below the jurisdiction of the court.
History: Kearny Code, Costs, § 2; C.L. 1865, ch. 45, § 2; C.L. 1884, § 2203; C.L. 1897, § 3149; Code 1915, § 4283; C.S. 1929, § 105-1302; 1941 Comp., § 29-103; 1953 Comp., § 25-1-3.
ANNOTATIONSAllowance of costs where damages under certain amount. — The plaintiff in an action of debt in the district court recovering less than $100 damages is nevertheless entitled to costs. Romero v. Silva, 1857-NMSC-002, 1 N.M. 157.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 16.
20 C.J.S. Costs § 20.