- (a) Whichever party recovers judgment shall recover that party’s costs of suit, to be allowed and collected by force of the judgment, as a part thereof.
- (b) If plaintiff, upon claiming a new trial, recovers no more than $5.00, exclusive of costs, the defendant shall be allowed his or her costs in the new trial.
- (c) If the plaintiff is nonsuited, or discontinues or withdraws his or her action, judgment shall be given for the defendant for costs.
Code 1852, §§ 2092, 2093; Code 1915, § 4015; Code 1935, § 4501; 10 Del. C. 1953, § 9545; 58 Del. Laws, c. 194, § 8; 70 Del. Laws, c. 186, § 1