Statute 25 21 158

25-21,158. Costs.In any proceeding under sections 25-21,149 to 25-21,164 the court may make such award of costs as may seem equitable and just.Source Laws 1929, c. 75, § 10, p. 258; C.S.1929, § 20-21,149; R.S.1943, § 25-21,158. Annotations Under this section, attorney fees are not taxed as 'costs.' Without another source of statutory authority permitting attorney fees to be taxed as costs, the prevailing party cannot recover attorney fees in a declaratory judgment action. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010). Where petition for declaratory judgment was denied for lack of necessary parties, all costs were taxed to plaintiff. Phillips v. Phillips, 163 Neb. 282, 79 N.W.2d 420 (1956).