40-28-24. Judgment against plaintiff when no damage sustained.

If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant.

Source: CCivP 1877, § 751; CL 1887, § 5573; RCCivP 1903, § 821; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.