§ 5104. Actions in name of State. If final judgment is given for the defendant in a civil action, which is in the name of the State for the use of any person or corporation, judgment for costs shall be given against such person or corporation.Code 1852, § 2526; Code 1915, § 4447; Code 1935, § 4905; 10 Del. C. 1953, § 5104;