Any person bringing an action or proceeding against any member of the military forces of the State of Nebraska for any act done when in active service of the state shall furnish, at the filing of the suit, security for payment of costs in such amount and in such form as the judge of the court in which such action or proceeding was initiated may determine, including attorney's fees, likely to accrue in such action or proceeding. If the plaintiff fails to prevail in such action or proceeding, judgment will be entered against him and his sureties on the bond for the defendant's attorney's fees and costs of the action.