State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-1710

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. SourceR.S.1867, Code § 622, p. 504; R.S.1913, § 8169; C.S.1922, § 9120; C.S.1929, § 20-1710; R.S.1943, § 25-1710.Note: The Revisor of Statutes, as authorized by section 49-705, has changed internal reference "sections 25-1708 and 25-1709" to "section 25-1708". Section 25-1709 was repealed in 1972, by LB 1032, § 287.AnnotationsSection recognizes common law precept.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).