Costs of appeal to Supreme Court; discretion of court. In the following cases the costs of an appeal to the Supreme Court shall be in the discretion of the court:
1. Where a new trial is ordered.
2. When a judgment is modified.
Ê In the event no order is made by the court relative to the costs in the two instances mentioned in this section, the party obtaining any relief shall have his costs.
Last modified: February 26, 2006