When any defendant in any action, or plaintiff in replevin, pleads several matters, and any of such matters upon demurrer joined are adjudged insufficient, or if a verdict is found in any issue of the cause for the plaintiff, costs shall be given at the discretion of the court.
Source: R.S. p. 155, § 8. G.L. § 330. G.S. § 404. R.S. 08: § 1067. C.L. § 6583. CSA: C. 43, § 13. CRS 53: § 33-1-8. C.R.S. 1963: § 33-1-8.
ANNOTATION
For trial court's ruling that each party pay his own cost not being an abuse of discretion, see Livingston v. Utah-Colorado Land & Live Stock Co., 106 Colo. 278, 103 P.2d 684 (1940); W. H. Woolley & Co. v. Bear Creek Manor, 735 P.2d 910 (Colo. App. 1986).
Where each party prevails in part an award of costs is committed to sole discretion of trial court and court's discretion remains unaffected by fact that judgment awarded to one party is larger than judgment awarded to the other. Husband v. Colo. Mtn. Cellars, 867 P.2d 57 (Colo. App. 1993); Archer v. Farmer Bros., 70 P.3d 495 (Colo. App. 2002), aff'd, 90 P.3d 228 (Colo. 2004).
When a case involves many claims, some of which are successful and some of which are not, it is left to the sole discretion of the trial court to determine which party, if any, is the prevailing party and whether costs should be awarded. Archer v. Farmer Bros. Co., 90 P.3d 228 (Colo. 2004).