State v. Lemcke
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Eon, George W. Wcmnemalcer, Judge. (1) Officers of the court and witnesses are not entitled to execution to collect their fees, they can only have a fee bill, and execution is the remedy belonging to the parties to the suit alone.
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Appeal from Putnam Circuit Court. — Eon, George W. Wcmnemalcer, Judge. (1) Officers of the court and witnesses are not entitled to execution to collect their fees, they can only have a fee bill, and execution is the remedy belonging to the parties to the suit alone. Beedle v. Mead, 81 Mo. 297; Hoover v. Railway, 115 Mo. 77; Cranor v. School Dist., 151 Mo. 127; Donham v. Hoover, 131 Mo. 522; ■ Aurora ex rel. v. Lindsey, 146 Mo. 522. (2) The statute expressly provides that fees must be collected by a fee bill and the expression of the statute is exclusive of every other remedy, because fees are…
1Opinion of the CourtEllison, J.
The appellant, Deierling, made affidavit charging defendants with threatening to shoot him. A justice of the peace in Putnam county issued his warrant for their arrest. They were arrested and taken before the justice, when they asked and obtained a change of venue to another justice. When the cause was called before the latter, it -was dismissed by the State and judgment rendered against Deierling for all costs. Afterwards, execution was issued by the justice of his own motion. It was returned by the constable nulla bona. Afterwards, a transcript of the judgment was taken and filed with the…
2Cases cited5 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Beedle v. MeadSupreme Court of Missouri · 1883
- Cranor v. School DistrictMissouri Court of Appeals · 1897
- State v. BarkerMissouri Court of Appeals · 1895
3Cited by1 opinion
- Tiede v. FuhrMissouri Court of Appeals · 1921