11-53-33 - Costs not recovered in some cases - limited in others.
§ 11-53-33. Costs not recovered in some cases - limited in others.
In actions of assault, assault and battery, libel and slander, if the plaintiff recover less than ten dollars, costs shall not be awarded to him. In all other actions sounding in damages, where the plaintiff sues for more than ten dollars and recovers less than that sum, no more costs than the amount of damages recovered shall be awarded to him, unless the court be of the opinion that the plaintiff had reasonable cause to expect to recover more, and that the action was brought for no other purpose than to be compensated for the wrong done, and enter the same on its minutes. If more costs be awarded, the judgment may be amended on motion at any time.
Sources: Codes, Hutchinson's 1848, ch. 61, art. 2 (17); 1857, ch. 61, art. 256; 1880, § 2376; 1892, § 878; 1906, § 955; Hemingway's 1917, § 664; 1930, § 671; 1942, § 1582.