In any civil action in the district court, small claims court or magistrate court to recover on an open account, the prevailing party may be allowed a reasonable attorney fee set by the court, and taxed and collected as costs. History: 1953 Comp., § 18-1-37, enacted by Laws 1965, ch. 125, § 1; 1967, ch. 164, § 1; 1975, ch. 147, § 1; 1978 Comp., § 36-2-39, recompiled as 1978 Comp. § 39-2-2.1.