Mann v. Warner
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. The case is stated in the opinion». I. The lower court had power to re-tax costs at a subsequent term. State ex rel. Clinton County v. Hann. & St. Joe.
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Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. The case is stated in the opinion». I. The lower court had power to re-tax costs at a subsequent term. State ex rel. Clinton County v. Hann. & St. Joe. R. R. Co., 78 Mo. 575. When the record of the court shows an erroneous taxation of costs, the court, at a subsequent term, may set aside its former action and ré-tax, although such first taxation was adjudged and ordered by the court, and upon the lower court’s refuss] to re-tax, the appellate court, being possessed, of the record, will reverse such action of the lower court, and…
1Opinion of the CourtPhilips, P. J.
In January, 1885, there was a suit *579pending in the Daviess circuit court, wherein the respondent was defendant and the appellant was plaintiff. The defendant served notice making tender to plaintiff therein of ten dollars in settlement of the claim.
This notice was served upon the attorney of record of the plaintiff. At the trial of the cause, during the • next February term of said court, the plaintiff recovered judgment for the sum of five dollars only against the defendant. As the sum recovered was less than the amount so tendered by the defendant, he claimed that all the costs should be…
2Cases cited4 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Ashby v. GlasgowSupreme Court of Missouri · 1842
- Wilson v. BoughtonSupreme Court of Missouri · 1872
- Hill v. City of St. LouisSupreme Court of Missouri · 1855
3Cited by10 opinions
- Bosley v. ParleMissouri Court of Appeals · 1889
- Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
- Wilson & Co. v. StarkMissouri Court of Appeals · 1891
- Turner v. ButlerMissouri Court of Appeals · 1896
- Bush v. NormanMissouri Court of Appeals · 1920
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