Stewart v. Avery

JONES, Judge.

Dan W. Stewart brought a possessory action against Don Wilton Avery and Louie B. Moore on December 2, 1970. Judgment was rendered and signed on April 12, 1973, in favor of plaintiff and casting defendants with costs. The judgment fixed the expert witness fee of Doyle P. Sanders in the amount of $150 and taxed it as cost.

On May 14, 1976 the Clerk of Court filed a Rule against plaintiff Stewart and defendants Avery, et al., seeking payment of accrued court costs, alleging they remained unpaid even though written demand had been made more than ten days prior to filing of the Rule.…