State v. Barker
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W. . Wood, Judge. (1) There was no judgment for costs at common law. Hoover v. Railroad, 115 Mo. 82; State ex rel. v. Railroad, 78 Mo. 577; Thompson v. Elevator Co., 77 Mo. 521; Steele v. Ware, 54 Mo. 532; Harrington v. Evans, 49 Mo. App. 377. (2) In this state the matter of costs is regulated by statute, which must be strictly construed. There is no remedy for costs except such as is expressly authorized by statute.
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Appeal from the Cass Circuit Court. — Hon. W. W. . Wood, Judge. (1) There was no judgment for costs at common law. Hoover v. Railroad, 115 Mo. 82; State ex rel. v. Railroad, 78 Mo. 577; Thompson v. Elevator Co., 77 Mo. 521; Steele v. Ware, 54 Mo. 532; Harrington v. Evans, 49 Mo. App. 377. (2) In this state the matter of costs is regulated by statute, which must be strictly construed. There is no remedy for costs except such as is expressly authorized by statute. In re Green, 40 Mo. App. 491; State ex rel. v. Oliver, 50 Mo. App. 217; s. o., 116 Mo. 188; Shea v. Railroad, 67 Mo. 687; In re…
1Opinion of the CourtEllison, J.
Defendant was indicted for the commission of a felony — the crime of seduction. He applied for and obtained two continuances, granted at his costs for which judgments were rendered against him. Afterward the case was dismissed by the state. Afterward, an execution was issued by the order of the prosecuting attorney, at the request of the clerk of the court and witnesses who had costs due them. This execution was levied upon some of defendant’s lands and the case is here on an appeal from the judgment of the court overruling a motion to quash the execution. After an examination of the briefs…
2Cases cited2 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Chambers v. ThomasCourt of Appeals of Kentucky · 1822
3Cited by2 opinions
- Cranor v. School DistrictMissouri Court of Appeals · 1897
- State v. LemckeMissouri Court of Appeals · 1906