TITLE 12

COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS

CHAPTER 1

COSTS

12-107.  Costs on appeal. In the following cases the costs of appeal are in the discretion of the courts:

1.  When a new trial is ordered.

2.  When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to the district court.

History:

[(12-107) C.C.P. 1881, sec. 698; R.S., R.C., & C.L., sec. 4906; C.S., sec. 7212; I.C.A., sec. 12-107.]