This section applies only to confessions of judgment upon a personal appearance. McPheeters v. Campbell, 5 Ind. 107; Veach v. Pierce, 6 Ind. 48.

The plaintiff must consent to a confession of judgment. Kennard v. Carter, 64 Ind. 31; Barnett v. Juday, 38 Ind. 86; Haggerty v. Juday, 58 Ind. 154.

Persons in whose favor.judgments are rendered without their consent may ratify the same. Haggerty v. Juday, 58 Ind. 154.

One partner can not confess judgment as to the other partners. Lagow v. Patterson, 1 Blkf. 252; Hopper v. Lucas, 86 Ind. 43.

Jurisdiction will be presumed when a party voluntarily appears and confesses judgment. Caley v. Morgan, 114 Ind. 350.

596. (587.) Debt, how stated-Release of errors.-454. The debt or cause of action shall be briefly stated in a writing to be filed and copied into the judgment. The confession shall operate as a release of errors.

This section only applies to cases where no complaint has been filed. In such cases, the entry of judgment should show the statement of the cause of action, as there is none elsewhere. Stebbens v. Cubberly, 10 Ind. 301.

If the authority to confess judgment waives a release of errors, no appeal can be taken. Miller v. Macklot, 13 Ind. 217; Boyd v. Crary, 35 Ind. 363.

597. (588.) Confession by attorney-Affidavit.-455. Whenever a confession of judgment is made by power of attorney or otherwise, the party confessing shall, at the time he executes such power of attorney or confesses judgment, make affidavit that the debt is just and owing, and that such confession is not made for the purpose of defrauding his creditors. The affidavit shall be filed with the court.

In entering a judgment under this section, if the "power" contain a statement of the cause of action, no complaint is necessary. Agard v. Hawks, 24 Ind. 276.

The cause of action should be described either in a complaint or the warrant of attorney. Gambia v. Howe, 8 Blkf. 133; Veach v. Pierce, 6 Ind. 48.

To authorize a judgment by confession upon power of attorney, it must be executed according to the requirements of the statute. McPheeters v. Campbell, 5 Ind. 107; Applegate v. Mason, 13 Ind. 75.

The authority to confess judgment should be set out in the record. Miller v. Macklot, 13 Ind. 217.

This section does not apply to entries of replevin bail. Ensley v. McCorkle, 74 Ind. 240.

A judgment by confession is good as between the parties thereto, though rendered without, or upon insufficient, affidavit. Kennard v. Carter, 64 Ind. 31; Mavity v. Eastridge, 67 Ind. 211; Chapin v. McLaren, 105 Ind. 563; Caley v. Morgan, 114 Ind. 350.

598. (589.) Non-resident to file cost-bond.-474. Plaintiffs who are not residents of this state, before commencing any action, shall file in the office of the clerk a written undertaking, payable to the defendant, with surety to be approved by the clerk, for the payment of all costs which may accrue in the action to the proper officer or person; but the suit shall not be dismissed for want thereof, if the plaintiff will file, in open court, upon being ordered to do so, such undertaking, which shall include all previous costs; and the sureties shall be liable in the first instance as parties.

The rule for cost-bond does not apply when any of the plaintiffs are residents. Thalman v. Barbour, 5 Ind. 178.

Counter-affidavits are not admissibie on the question of residence. Smith v. Chandler, 13 Ind. 513.

A plaintiff may be ruled to give cost-bond at any stage of the cause, when he becomes a non-resident. Malaby v. Hinkston, 4 Blkf. 127.

Non-resident administrators are within the rule. Griggs v. Voorhies, 7 Blkf. 561. The bond may be filed in open court within any time granted or extended, and is valid even after verdict. Culley v. Laybrook, 8 Ind. 285; Dowell v. Richardson, 10 Ind. 573; Hughes v. Osborn, 42 Ind. 450.

As to rules of court upon cost-bonds, see Jeffersonville, etc., R. R. Co. v. Hendricks, 41 Ind. 48; Pancoast v. Travelers' Ins. Co., 79 Ind. 172.

Non-resident relators may be required to file cost-bonds. State, ex rel., v. Roche, 91 Ind. 406.

Parties can only recover on cost-bonds such costs as they are liable to pay. Goodwin e. Smith, 68 Ind. 301; Hiett v. Davis, 88 Ind. 372.

A bond for costs covers costs on appeal to the supreme court. Hendricks v. Carson, 97 Ind. 245.

Parties allowed to prosecute as poor persons can not be required to give cost-bonds on becoming non-residents. Wright v. McLarinan, 92 Ind. 103.

599. (590.) Costs.-468. In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.

All costs are given or withheld by statute. Smith v. State, 5 Ind. 541; Dearinger v. Ridgeway, 34 Ind. 54.

Costs are payable only in lawful money. Crews v. Ross, 44 Ind. 481.

A judgment for costs will be presumed correct. Bowen v. McDougle, 7 Ind. 414. An insolvent plaintiff who voluntarily dismisses his case, and immediately thereafter re-commences it, may be stayed in the second until he pay costs in the first suit. State v. Howe, 64 Ind. 18; Kitts v. Willson, 89 Ind. 95; Harless v. Petty, 98 Ind. 53; Clemans *. Buffenbarger, 106 Ind. 16; Carrothers v. Carrothers, 107 Ind. 530.

Each party is entitled to recover costs on the issues decided in his favor. Sidner v. Spaugh, 26 Ind. 317; Acker v. McCollough, 50 Ind. 447; Jamieson v. Board, 56 Ind. 466; Bothwell . Millikin, 104 Ind. 162.

The allowance of a portion of the claim of the defendant is not the finding of an issue in his favor. Dill v. O'Ferrell, 69 Ind. 500.

A justice of the peace may be compelled by mandate to enter a judgment for costs. State, ex rel., v. Engle, 127 Ind. 457.

In actions for partition, joined with suits to quiet title, the successful party recovers costs. Merrill v. Shirk, 128 Ind. 503.

The amount of costs need not be specified in the judgment. Palmer v. Glover, 73 Ind. 529; Dufour v. Kious, 91 Ind. 409.

In actions for partition the costs may be apportioned between the parties. Jenkins r. Dalton, 27 Ind. 78.

The taxation of costs is a ministerial act. Pittsburgh, etc., R. W. Co. v. Elwood, 79 Ind. 306.

Courts may re-tax costs upon motion and notice. Palmer v. Glover, 73 Ind. 529; Crews . Ross, 44 Ind. 481.

Costs voluntarily paid can not be recovered or retaxed. Thompson v. Doty, 72 Ind. 336; Thompson v. Jacobs, 74 Ind. 598.

On dismissal of proceedings to declare a person insane, the petitioner may be taxed with the costs. Ruhlman v. Ruhlman, 110 Ind. 314.

Parties recovering judgments for costs own the same and have control thereof. Armsworth v. Scotten, 29 Ind. 495; Hays v. Boyer, 59 Ind. 341; Goodwin v. Smith, 68 Ind. 301.

Judgments for costs bear interest. Palmer v. Glover, 73 Ind. 529.

And may be pleaded as a set-off. Law v. Vierling, 45 Ind. 25.

Suits may be maintained on judgments for costs. Miller v. State, 61 Ind. 503; Palmer v. Glover, 73 Ind. 529.

There are cases in which the successful party may be taxed with the costs. Kirby, 7 Ind. 217.

Hill v.

When the defendant settles a suit without agreement as to costs, he is liable therefor up to the time of such settlement. Jeff. R. R. Co. v. Weinman, 39 Ind. 231.

When a tender has been made before, and kept alive during, suit, the plaintiff recovers no costs, unless he recovers more than the tender. Prather v. Pritchard, 26 Ind. 65.

A husband divorced on his own petition is liable for costs. Ind. 291.

Hedrick v. Aedrick, 28

In adjudging costs upon new trial, the order must relate to costs accrued, not to future costs. Swingle v. Bank, 41 Ind. 423.

Costs are collectible in the same manner as the principal of the judgment. Martindale v. Tibbetts, 16 Ind. 200; Church v. Hay, 93 Ind. 323.

600. (591.) Recovery under $50-Exception.-469. In actions. for money demands on contract commenced in the circuit or superior courts, if the plaintiff recover less than fifty dollars, exclusive of costs, he shall pay costs, unless the judgment has been reduced below fifty dollars by a set-off or counter-claim pleaded and proved by the defendant, in which case the party recovering judgment shall recover costs. When the judgment is reduced below fifty dollars by proof of payments, the defendant shall recover costs: Provided, That in all actions for money demands on contract, where one or more defendants, necessary to a full determination of such cause, are non-residents of the county in which such suit is brought, but are residents of the state of Indiana, and have been duly served with process in such action, the plaintiff shall recover costs, although he may recover judgment for less than fifty dollars.

When the plaintiff recovers more than fifty dollars exclusive of costs, he recovers costs. Stow v. Graham, 55 Ind. 10; Moore v. Newland, 90 Ind. 409; Berry v. Town, 120 Ind. 161.

If the demand of the plaintiff is reduced below fifty dollars by payments, the defendant recovers costs. Sutherland v. Venard, 32 Ind. 483.

If the demand of the plaintiff is reduced below fifty dollars in any other way than by payment, the plaintiff recovers costs. Bates v. Kuhn, 12 Ind. 355; Martin v. Custer, 18 Ind. 99; Fuller v. Curtis, 100 Ind. 237; Mills v. Rosenbaum, 103 Ind. 152.

If no counter-claim or set-off is pleaded and the plaintiff does not recover fifty dollars, he can not recover costs. Moore v. Newland, 90 Ind. 409; State, ex rel., v. Dixon, 80 Ind. 150.

When a party must sue in the circuit court he will recover costs without regard to the amount recovered. Zimmerman v. Marchland, 23 Ind. 474; Shotts v. Boyd, 77 Ind. 223; Douglass v. Blankenship, 50 Ind. 160; Scott v. Goldinghorst, 123 Ind. 268. Executors and administrators will recover costs in all actions upon contracts. Hillenberg v. Bennett, 88 Ind. 540.

If payment is made after suit the defendant will be liable for costs to time of payment. Railroad Co. v. Weinman, 39 Ind. 231.

601. (592.) Suits for damages solely-Costs.-470. In all actions for damages solely, not arising out of contract, if the plaintiff do not recover five dollars damages, he shall recover no more costs than damages, except in actions for injuries to character and false imprisonment, and where the title to real estate comes in question.

When the verdict in trespass to realty was one dollar, the proper motion as to costs was "that the plaintiff recovers no more costs than damages." Noah v. Angle, 63 Ind.

425.

In all actions for torts, if the plaintiff recovers less than five dollars, he only recovers costs equal to the amount of damages. Sinclair v. Roush, 14 Ind. 450; Willman v. Clouser, 16 Ind. 318; Pursley v. Wikle, 118 Ind. 139.

This section does not apply to actions commenced before justices of the peace. Castle r. House, 41 Ind. 333.

If the plaintiff recovers five dollars he recovers full costs. Brown v. Sullivan, 22 Ind. 359; Craumer v. McEnderffer, 2 App. 569.

The costs are collectible in the same manner as the principal of the judgment. Church v. Hay, 93 Ind. 323.

The court and the law, not the jury, determine costs. Conner v. Winton, 8 Ind. 315.

602. (593.) Relators, etc., liable jointly with parties-Exception.— 471. Relators and persons and corporations for whose use an action is brought, whether such use is shown by the pleadings of the plaintiff or defendant, shall be liable for costs jointly with the actual parties to the action, but when the state is plaintiff the relator only shall be liable, and judgment for cost shall be rendered accordingly, be and the same is hereby amended to read as follows, to wit: Relators and persons and corporations for whose use an action is brought, whether such use is shown by the pleadings of the plaintiff or defendant, shall be liable for costs jointly with the actual parties to the action, but when the state is plaintiff the relator only shall be liable, and judgment for costs shall be rendered accordingly, except in case when a state officer or prosecuting attorney, by virtue of his office, may be a relator for the state of Indiana, such relator shall not be liable for costs.

[As amended, Acts 1885, p. 239. Ell. Sup., section 26. In force April 13, 1885.] Non-resident relators, for whose use an action is brought, may be compelled to give security for costs. State v. Roche, 91 Ind. 406.

Personal judgment for costs should not be rendered against the attorney general acting as relator on behalf of the state. State v. Board, 85 Ind. 489.

It was held otherwise in Henderson v. State, 96 Ind. 437, under the old section.

603. (594.) Costs, how apportioned.-472. In actions where there are several plaintiffs or several defendants, the costs shall be apportioned according to the judgment rendered; and where there are several causes of action embraced in the same complaint, or several issues, the plaintiff shall recover costs upon the issues determined in his favor, and the defendant shall recover costs upon the issues determined in his favor.

The judgment of the circuit court apportioning costs upon several issues under this section will be presumed correct. Jamieson v. Board, 56 Ind. 466.

Each party is entitled to recover costs upon the issues determined in his favor. Dill v. O'Ferrell, 69 Ind. 500; Bothwell v. Millikan, 104 Ind. 162; Reynolds v.

Ind. 291.

Shults, 106 The allowance to a defendant to a portion of a set-off or counter-claim is not determining an issue in his favor. Dill v. O'Ferrell, 69 Ind. 500.

When a highway is established and a remonstrance for damages sustained, the costs should be apportioned. Reynolds v. Shults, 106 Ind. 291.

If one of several defendants makes a separate issue which is decided against him, he is liable for the costs. Reynolds v. Bond, 83 Ind. 36; Boyd v. Jackson, 82 Ind. 525.

604. (595.) Where suits can be joined-Costs in one only.—473. When the plaintiff shall, at the same court, bring several actions against the defendant upon demands which might have been joined in one action, he shall recover costs only in one action, unless it shall appear to the court that the actions affect different rights or interests, or other sufficient reasons exist why the several demands ought not to have been joined in one action.

This section only applies to the case of several demands all due; it does not apply where several demands are sued as they mature. Ft. Wayne, etc., R. R. Co. v. Clark, 59 Ind. 191; Wade v. Musselman, 15 Ind. 77.

The words "at the same court,' mean the same term of court. Crouse v. Holman, 19 Ind. 30.

605. (596.) When costs adjudged before final judgment.—475. Whenever in any action an order shall be made for the payment of any costs at any time before final judgment, the court shall, upon motion of any person interested, render judgment for the costs in favor of the party entitled to receive the same.

Costs on a continuance should be taxed to the party procuring the continuance. Mitchell v. Stephens, 23 Ind. 466.

Costs may be taxed against a party filing amended pleadings. Duncan t. Cravens. 55 Ind. 525.

606. (597.) Costs where lands are attached.-477. In all cases where lands are attached and judgment rendered in favor of the plaintiff in the circuit court, wherein the sum claimed or the judgment rendered shall be less than fifty dollars, the plaintiff shall recover costs: Provided, The attachment against the land is sustained by the

court.

607. (598.) Costs of transcript.-478. When in any suit pending in any court in this state it shall be necessary to procure a transcript of any judgment or proceeding, or exemplification of any record, as evidence in such action, the necessary expense of procuring such transcript or exemplification shall be taxed with the other costs in the cause, and recovered as in other cases.

608. (599.) Fee-bills.-476. Fee-bills and executions may issue for the collection of costs in the proper cases against parties to the action, relators, persons for whose use an action is brought, and sureties on undertakings for the payment of costs.