Miller v. Muegge
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Leroy B. 'Valliant, Judge. 'The court only had power to allow the officer a reasonable compensation ¡for his trouble 'and expense in keeping the property. See section 426, Attachment Cases. As to all other costs, the sheriff can only get such fees and charges as are fixed by section 5606, and the statute must be strictly construed. Shed v. Railroad, 67 Mo. 687; In Matter of Murphy, 22 Mo. App. 476.
1Opinion of the Court
Thompson, J.,
delivered the opinion of the court. -
This is an attachment suit. On an ex-parte application, the circuit court allowed the sheriff the bill of costs *671presented by Mm. Thereafter, the' plaintiff appeared and moved the court to retax the same. The court thereupon set aside the order and gave the defendants five days in which to file exceptions to such items of the sheriff’s bill as he should wish to contest. Before the expiration of this time, both parties appeared and objected to the following items:
“ Application for and report of sale____$ 2 00
Commissions.................... 11 28
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2Cited by3 opinions
- Ring v. Charles Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- State ex rel. Huebler v. Board of Police CommissionersMissouri Court of Appeals · 1904
- Tittman v. ThorntonMissouri Court of Appeals · 1893