Legal Opinion

Davis v. Moore

Supreme Court of Arkansas

Decided March 8, 1902PublishedCited by 13 opinions

Appeal from Little River Circuit Court. Will P. Feazel, Judge. Vexatious and unnecessary costs should be disallowed. 17' Ark. 261. Since the' cause was never set down for trial .on any particular or certain day, there could be no subpoenas issued. Gf.

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Appeal from Little River Circuit Court. Will P. Feazel, Judge. Vexatious and unnecessary costs should be disallowed. 17' Ark. 261. Since the' cause was never set down for trial .on any particular or certain day, there could be no subpoenas issued. Gf. Sand. & H. Dig., §§ 2930, 2933, 590, 5802. The alleged rule of court that all causes should be set and stand for trial on the first day of the term, unless otherwise ordered, not being of record, was not a sufficient setting of the cause to authorize the issuance of subpoenas. 22 111. 161; 166 111. 336; 115 111. 300; 148 111. 575; .10 la. 149; 2…

1Opinion of the CourtBunn, C. J.

This is a suit to vacate a judgment for costs by the unsuccessful contestant and his bondsmen in an election contest against the appellee, in whose favor the costs were adjudged. The costs involved are such as were incurred in the issuance of summonses to, and service of the same upon, witnesses of the contestee and witnesses’ fees in this case. The petition to retax the costs, and vacate the judgment therefor, which amounts to the sum of $971.31, was denied by the circuit court, and the plaintiffs, the contestant and his bondsmen, appealed to this court.

It appears from the record that there…

2Cases cited3 opinions

  1. Knox v. FeslerIndiana Supreme Court · 1861
  2. Steele v. WearSupreme Court of Missouri · 1874
  3. Patterson v. . MurraySupreme Court of North Carolina · 1860

3Cited by13 opinions

  1. Reed v. BakerSupreme Court of Arkansas · 1973
  2. Logan v. RussellSupreme Court of Arkansas · 1918
  3. Schuman v. SandersonSupreme Court of Arkansas · 1904
  4. Buchanan v. ParhamSupreme Court of Arkansas · 1910
  5. Sumpter v. DuffieSupreme Court of Arkansas · 1906

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