State ex rel. Owen v. Hollenbeck
Missouri Court of Appeals
Appeal from the Balias Circuit Court. — Hon. Aeg-us Cox, Judge. (1) Defendants’ demurrer to evidence ought to have been sustained and judgment rendered for them. The presumption is that Hollenbeck in taxing the costs did his duty.
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Appeal from the Balias Circuit Court. — Hon. Aeg-us Cox, Judge. (1) Defendants’ demurrer to evidence ought to have been sustained and judgment rendered for them. The presumption is that Hollenbeck in taxing the costs did his duty. Hammond v. Gordon, 93 Mo. 223; Thomas v. Williams, 99 Mo. 291. Relator did not attempt to show that any costs were illegally taxed, except by the judgment of the Greene county circuit court, which is not binding on any of these defendants, because: First. It had no jurisdiction as only “the court in which the action or proceeding was had” can retax costs. R. S.,…
1Opinion of the CourtSmith, P. J.
This is a suit which was brought on the the official bond of the defendant Hollenbeck, as clerk of the circuit court of Dallas county, and the other defendants, who were his sureties thereon. The *371case, shortly stated, is about this: One Owen recovered judgment against the St. Louis & Santa Ee Railway Company, in the Dallas circuit court. Defendant Hollenbeck, as clerk of the court, taxed up various items of cost against the railway company, amounting to $1,056.65. Subsequently an appeal was prosecuted to the supreme court in said cause, by the railway company, where the judgment of the…
2Cases cited6 opinions
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
- Stewart v. ThomasSupreme Court of Missouri · 1869
- State ex rel. Cochran v. CooperSupreme Court of Missouri · 1883
- Stoops v. WittlerMissouri Court of Appeals · 1876
- State ex rel. City of St. Louis v. ThorntonMissouri Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Calhoun v. GrayMissouri Court of Appeals · 1910
- Frankenthal v. Guardian Assurance Co.Missouri Court of Appeals · 1898