In all actions founded on debt or other contract, if the plaintiff recover an amount which, exclusive of interest, is below the jurisdiction of the court, he shall recover judgment therein, but the costs shall be adjudged against him unless the plaintiff's claim, as established on the trial, shall be reduced by offsets below the jurisdiction of the court.
History: Kearny Code, Costs, § 2; C.L. 1865, ch. 45, § 2; C.L. 1884, § 2203; C.L. 1897, § 3149; Code 1915, § 4283; C.S. 1929, § 105-1302; 1941 Comp., § 29-103; 1953 Comp., § 25-1-3.
Allowance of costs where damages under certain amount. — The plaintiff in an action of debt in the district court recovering less than $100 damages is nevertheless entitled to costs. Romero v. Silva, 1857-NMSC-002, 1 N.M. 157.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 16.
20 C.J.S. Costs § 20.
Structure New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 2 - Attorneys' Fees and Costs
Section 39-2-2 - Deficiencies; attorney fees.
Section 39-2-2.1 - Collection of open accounts; attorney fees.
Section 39-2-3 - [Unnecessary splitting of actions.]
Section 39-2-4 - [Actions ex contractu; recovery of principal amount below jurisdiction of court.]
Section 39-2-6 - [When judgment appealed from was for appellant.]
Section 39-2-7 - [Depositions to perpetuate testimony; taxing costs.]
Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; compensation of officers.]
Section 39-2-9 - [Witness fees taxed as costs; limitation.]
Section 39-2-10 - [Taxing costs of additional witnesses; certificate of court required.]
Section 39-2-11 - [Bill of costs to be collected after issuance of execution.]
Section 39-2-12 - [Transcript of cost book has effect of execution.]