If there be a judgment in favor of the plaintiff, the judgment shall include costs and a reasonable attorney’s fee, to be assessed by the court. If there be a judgment in favor of the defendant, and if the court finds that the action was commenced by the plaintiff without justifiable cause, the judgment shall include besides costs, an attorney’s fee which shall be assessed by the court and shall not exceed one hundred and fifty (150) dollars.
History —Feb. 19, 1902, p. 214, § 7.