25-1711. Award and taxation of costs; power of court to exercise discretion; frivolous appeals in jury cases; actual fees and expenses.

In other actions the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable. In all cases of appeals from an inferior court or when an original filing made in the district court is within the jurisdictional limits of an inferior court, and a jury is demanded, the court may in its discretion tax as costs the actual fees and expenses necessitated by such jury if the court finds that the appeal was taken or the original filing was made for a frivolous or capricious reason, and such costs may be apportioned between the parties on the same or adverse sides.

Source:R.S.1867, Code § 623, p. 504; R.S.1913, § 8170; C.S.1922, § 9121; C.S.1929, § 20-1711; R.S.1943, § 25-1711; Laws 1965, c. 125, § 1, p. 462.