Page:1862 Territory of Dakota Session Laws.pdf/164

CHAP. VIII.] plaintiff upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific real or personal property.

. 557. If it shall appear that a justice of the peace has jurisdiction of an action, and the same has been brought in any other court, the plaintiff shall not recover costs; and in all actions for libel, slander, malicious prosecution, assault, assault and battery, false imprisonment, criminal conversation, or seduction, actions for nuisance, or against a justice of the peace for misconduct in office, if the damages assessed be under five dollars, the plaintiff shall not recover any costs.

. 558. Costs shall be allowed of course, to any defendant upon a judgment in his favor in the actions mentioned in the last two sections.

. 559. 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.

. 560. Where several actions are brought on one bill of exchange, promissory note, or other obligation or instrument in writing against several parties, who might have been joined as defendants in the same action, as allowed by section thirty-five, no costs shall be recovered by the plaintiff in more than one of such actions, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within the territory.

. 561. When a summons is issued to another county than that in which the action or proceeding is pending, it may be returned by mail, and the sheriff shall be entitled to the same fees, as if the summons had issued in the county of which he is sheriff.