Connor Realty Co. v. St. Louis Union Trust Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One.—Hon. Joseph D. Perkins, Judge. (1) Where a suit is dismissed, either by the plaintiff or by the court, under the law the court has no authority to do anything save tax the costs against the plaintiff. Sec. 2275, R. S. 1909; Schafer v. Roberts, 166 Mo. 84; Thompson v. Elevator Co., 86 Mo. 333. (2) This rule applies in partition as well as in other eases.
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Appeal from Jasper County Circuit Court, Division Number One.—Hon. Joseph D. Perkins, Judge. (1) Where a suit is dismissed, either by the plaintiff or by the court, under the law the court has no authority to do anything save tax the costs against the plaintiff. Sec. 2275, R. S. 1909; Schafer v. Roberts, 166 Mo. 84; Thompson v. Elevator Co., 86 Mo. 333. (2) This rule applies in partition as well as in other eases. Appleman v. Appleman, 140 Mo. 309. (3) The court had no authority to tax an attorney’s fee and enter a judgment dismissing the suit. Under the law when the property is ordered sold…
1Opinion of the CourtFarrington, J.
This appeal was taken from an order allowing an attorney’s fee of $720 in a partition suit.
The plaintiff and defendants were owners as tenants in common of eighty acres of land in Jasper conn*263ty. On December 20, 1911, tbe plaintiff, by its attorney, W. H. Pbelps, instituted a suit in tbe Jasper county circuit court to partition tbe property. Tbe petition, signed by W. H. Pbelps as attorney for tbe plaintiff, set up tbe respective interests of tbe parties, alleged that plaintiff was' tbe owner of an undivided one-fourtb interest, and prayed that tbe real estate be divided among tbe parties…
2Cases cited12 opinions
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Donaldson v. AllenSupreme Court of Missouri · 1908
- Liles v. LilesMissouri Court of Appeals · 1906
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1907
- Eddie v. EddieSupreme Court of Missouri · 1897
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3Cited by7 opinions
- Craig v. Jo B. Gardner, Inc.Supreme Court of Missouri · 1979
- Haley v. HorwitzMissouri Court of Appeals · 1956
- Mabry v. MuddNebraska Supreme Court · 1937
- Jennings v. JenningsMissouri Court of Appeals · 1930
- Hunkler v. WilkeMissouri Court of Appeals · 1969
2 more not listed; retrieve them via the Exa API.