In all actions for damages solely, not arising out of contract, if the plaintiff does not recover five dollars ($5) in damages, the plaintiff shall not recover more costs than damages, except:

1. (1) in actions for injuries to character and false imprisonment; and

2. (2) where the title to real estate is in question.

   [Pre-1998 Recodification Citation: 34-1-32-3.]

As added by P.L.1-1998, SEC.48.