State ex rel. Gray v. Active Building & Loan Ass'n No. 2
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. R. D. Wood, Judge. (1) The allowance of the receiver’s attorney is part of the taxable costs in the proceeding. R. S. 1899, sec, 755; Beach on Receivers (Alderson’s Ed.) p. 810, Turner v. Butler, 66 Mo. App. 383. (2) The court should make the allowance and tax the same as costs. St. Louis v. St. Louis Gas Light Co., 11 Mo. App. 243. And the attorney has the right to have his fees so taxed.
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Appeal from St. Louis City Circuit Court. — Row. R. D. Wood, Judge. (1) The allowance of the receiver’s attorney is part of the taxable costs in the proceeding. R. S. 1899, sec, 755; Beach on Receivers (Alderson’s Ed.) p. 810, Turner v. Butler, 66 Mo. App. 383. (2) The court should make the allowance and tax the same as costs. St. Louis v. St. Louis Gas Light Co., 11 Mo. App. 243. And the attorney has the right to have his fees so taxed. Beach on Receivers, sec. 753, p. 810; Railroad v. "Wilson, 138 U. S. 501; Robinson v. Land Co., 80 Mo. App. 626; Trustees v. Gronnough, 105 U. S. 527. And…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— . The allowance for services of the counsel of the receiver is a part of the taxable costs in the proceeding, and such costs have a priority over all other demands against the funds in the receiver’s hands. Beach, Receivers, sec. 753 and p. 810. Our statute, affirming this general principle, has made provision in express terms for just and reasonable allowances to be made by the court in favor of a receiver for his services and expenses and' for such allowances to be taxed and paid as costs in the cause. R. S. 1899, sec. 755. A fair interpretation of this…
2Cases cited4 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Ladd v. CouzinsSupreme Court of Missouri · 1873
- Turner v. ButlerMissouri Court of Appeals · 1896
- Clark v. HillMissouri Court of Appeals · 1888
3Cited by2 opinions
- Little v. St. Louis Trust Co.Missouri Court of Appeals · 1910
- Miller v. HendersonMissouri Court of Appeals · 1919