If, in any action, judgment upon motion to dismiss by either party to the action is given against the plaintiff, the defendant shall recover costs against the plaintiff; if such judgment is given for the plaintiff, he shall recover costs against the defendant.
Source: R.S. p. 155, § 7. G.L. § 329. G.S. § 403. R.S. 08: § 1056. C.L. § 6572. CSA: C. 43, § 2. CRS 53: § 33-1-7. C.R.S. 1963: § 33-1-7.
ANNOTATION
Where a case is remanded for further proceedings by the Colorado Court of Appeals, an award of costs pursuant to this section is inappropriate. Dalton v. Miller, 984 P.2d 666 (Colo. App. 1999).
A court that grants a motion to dismiss but does not enter judgment thereon lacks authority to award costs under this section. Sotelo v. Hutchens Trucking Co., 166 P.3d 285 (Colo. App. 2007).