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.
Neb. Rev. Stat. § 25-1711
Award and taxation of costs; power of court to exercise discretion; frivolous appeals in jury cases; actual fees and expenses
Applied in 8 court decisions — leading case Langel Chevrolet-Cadillac, Inc. v. Midwest Bridge & Construction Co. (1983)
Most recently applied in Millard Gutter Co. v. American Family Ins. Co. (July 2018)
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.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.