Costs upon disclaimer.
Where defendants disclaim having any title or interest in land or other property, the subject matter of the action, they shall recover their costs unless for special reasons the court decides otherwise.
Source:R.S.1867, Code § 618, p. 504; R.S.1913, § 8165; C.S.1922, § 9116; C.S.1929, § 20-1706; R.S.1943, § 25-1706.
This section is declaratory of equity rule; court has discretion. Fowler v. Brown, 51 Neb. 414, 71 N.W. 54 (1897).
In action on official bond of state officers, state law governs in federal court; surety is liable where sheriff made arrest in conformity with duty under state law but used excessive force. Bassinger v. United States Fidelity & Guaranty Co., 58 F.2d 573 (8th Cir. 1932).