12-107 COSTS ON APPEAL.
COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS
CHAPTER 1
COSTS
12-107. Costs on appeal. In the following cases the costs of appeal are in the discretion of the courts:
1. When a new trial is ordered.
2. When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to the district court.