Ring v. Charles Vogel Paint & Glass Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The burden of proof is on the sheriff to show that the costs were properly incurred, and are legally chargeable. Miller v. Muegge, 27 Mo. App. 670. (2) The sheriff can only get such fees and charges as are fixed' by section 4989, Revised Statutes, 1889, and, where property is seized by attachment, reasonable compensation for his trouble and expenses in keeping the same.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The burden of proof is on the sheriff to show that the costs were properly incurred, and are legally chargeable. Miller v. Muegge, 27 Mo. App. 670. (2) The sheriff can only get such fees and charges as are fixed' by section 4989, Revised Statutes, 1889, and, where property is seized by attachment, reasonable compensation for his trouble and expenses in keeping the same. Miller v. Muegge, supra. (3) The statute must'be strictly construed. Shed «. Railroad, 67 Mo. '687; In Matter of Murphy, 22 Mo. App. 476. (4)…
1Opinion of the CourtBiggs, J.
This case reaches us on an appeal from a motion to retax costs.
Before we proceed to the discussion of the questions raised by the motion, we must dispose of some preliminary objections raised by the respondent.
It is said by his counsel that this appeal is without authority, and for this reason he moves a dismissal. In support of this motion he presents his own affidavit, the purport of which is that Nohl, the assignee, told him that the appeal was taken without his (Nehl’s) authority. On the other side the counsel for the appellants declares on oath that the appeal was taken by him with the…
2Cases cited8 opinions
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Keith v. WilsonSupreme Court of Missouri · 1840
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Ford v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1888
- Gordon's v. MaupinSupreme Court of Missouri · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Evans v. Dyke Automobile Co.Missouri Court of Appeals · 1906
- Tobler v. NevittSupreme Court of Colorado · 1909
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Ruth v. McPhersonMissouri Court of Appeals · 1910
- Watkins v. McDonaldMissouri Court of Appeals · 1897
8 more not listed; retrieve them via the Exa API.