§ 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 .

Legislative History

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).