If judgment is rendered against the plaintiff, upon the trial of said action, said judgment shall include the reasonable expenses incurred by the defendant and the defendant's attorney in appearing to and defending against said action, provided that in the judgment of the trial court said action was commenced maliciously or without probable cause.
[C31, 35, § 5079-d23; C39, § 5038.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.510]
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