If such appeal be from a judgment in favor of the appellant, costs shall be adjudged as follows: if upon the trial anew, the appellant shall not recover more than the judgment below, he shall pay the costs of the appellate court; if he recover nothing, the costs shall be adjudged against him in both courts; if he recover more than the judgment below, he shall recover costs in both courts.
History: Kearny Code, Costs, § 4; C.L. 1865, ch. 45, § 4; C.L. 1884, § 2205; C.L. 1897, § 3151; Code 1915, § 4285; C.S. 1929, § 105-1304; 1941 Comp., § 29-105; 1953 Comp., § 25-1-5.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 909 et seq.
Right to have enforcement of judgment for costs stayed pending final determination of case, 78 A.L.R. 359.
Appellate court's award of costs as affected by subsequent proceedings or course of action in the lower court, 116 A.L.R. 1152.
20 C.J.S. Costs § 157 et seq.