Wilson v. Geitz
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. Each party to a suit is primarily liable for the services rendered by witnesses and officers of court at his instance and request. At common law each party paid the fees, step by step, as the cause progressed, paying for each service when it was rendered.
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Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. Each party to a suit is primarily liable for the services rendered by witnesses and officers of court at his instance and request. At common law each party paid the fees, step by step, as the cause progressed, paying for each service when it was rendered. Our statute has not changed this liability, but has merely postponed the time of payment to the end of the term, and provided a method of enforcing collection. 2 R. S., see. 498, p. 1211; Trail v. Somerville, 22 Mo. App. 308, 312; State ex rel. v. Ashbrook, 40 Mo.…
1Opinion of the Court
Bond, J. —
Plaintiff brought an action of damages against defendant, being permitted to sue as a poor person. At the conclusion of plaintiff’s testimony the court indicated a demurrer to the evidence would be sustained, and plaintiff took a nonsuit with leave to move to set it aside. During the term at which these proceedings were had the fees of the witnesses summoned for defendant and the fees of the clerk and sheriff for the issuance and service of process on defendant’s behalf were properly taxed against him. Upon request of the parties entitled and of his own *13motion, the clerk, after the…
2Cases cited3 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Watkins v. McDonaldMissouri Court of Appeals · 1897
3Cited by1 opinion
- Farris v. SmithpeterMissouri Court of Appeals · 1914