Schumacher v. Mehlberg
Missouri Court of Appeals
.Appeal from St. Louis City Circuit Court. — Ho». 8el-den P. Spencer, Judge. In a civil action the prevailing party shall recover his costs against the other party, unless express provision is otherwise made by law. Sec. 1547, R. S. 1899; Sec. 1552, R. S. 1899; Hawkins v. Nowland, 53 Mo. 328; DuPont v. McLaran, 61 Mo. 502. The court in equity may award costs either against plaintiff or defendant.
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.Appeal from St. Louis City Circuit Court. — Ho». 8el-den P. Spencer, Judge. In a civil action the prevailing party shall recover his costs against the other party, unless express provision is otherwise made by law. Sec. 1547, R. S. 1899; Sec. 1552, R. S. 1899; Hawkins v. Nowland, 53 Mo. 328; DuPont v. McLaran, 61 Mo. 502. The court in equity may award costs either against plaintiff or defendant. Discretion of trial court to award costs. . Turner v. Johnson, 95 Mo. 431. Appellate court will not review trial court’s discretion in dividing costs between litigants. Campbell v. Coquard, 16 Mo.…
1Opinion of the CourtGoode, J.
Judgment was entered below restraining M. T. Churchill, a constable, from levying on appellant’s property by virtue of an execution on a judgment rendered by James J. Spaulding, a justice of the peace, against Charles Mehlberg and Adolph Mehlberg and restraining said Mehlbergs and their attorney, August Eebenack, from instituting or prosecuting any other action on the claim which is the basis of said judgment. The costs were taxed equally against the parties and from that order an appeal was taken, appellant contending that, as she prevailed, all the costs should' have been taxed against the…
2Cases cited2 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Bender v. ZimmermanSupreme Court of Missouri · 1896
3Cited by4 opinions
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