State ex rel. Spring River Electric Power Co. v. Thurman
Supreme Court of Missouri
Mandamus. (1) There is no complaint by the relator about taxing the costs of such continuance against the plaintiff in said cause, the Spring River Electric Power Company. The relator, however, objects to the paying of witness fees of P. J. Lenliard, 1 day and 434 miles travel from Sapulpa, Oklahoma, to Lamar and return, $22.9’5. There is no statute authorizing the taxing of such non-resident witness fee.
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Mandamus. (1) There is no complaint by the relator about taxing the costs of such continuance against the plaintiff in said cause, the Spring River Electric Power Company. The relator, however, objects to the paying of witness fees of P. J. Lenliard, 1 day and 434 miles travel from Sapulpa, Oklahoma, to Lamar and return, $22.9’5. There is no statute authorizing the taxing of such non-resident witness fee. Ever since May 7, 1906, there has been on file in the office of the clerk of said court, a bond for costs, and no motion to file' an additional bond has been filed by said defendants. No…
1Opinion of the CourtWoodson, J.
This is an original proceeding by mandamus brought in this court against tbe respondent *133as judge of the circuit court of Barton county to compel tbe reinstatement of tbe case of tbe Spring River Electric Power Company against H. J. Mink and Albert Rich, which was dismissed for failure to comply with an order of the court to pay certain costs mentioned therein. An alternative writ was issued, and in due course respondent made and filed his return thereto.
The petition for the writ is as follows (formal parts omitted):
“ Comes now the above named relator, and respectfully represents and shows to…
2Cases cited20 opinions
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Decker v. . JudsonNew York Court of Appeals · 1857
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
- Ex parte NelsonNew York Supreme Court · 1823
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3Cited by7 opinions
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
- Ex parte NelsonSupreme Court of Missouri · 1913
- State Ex Rel. Howe v. HughesSupreme Court of Missouri · 1938
- Chambers v. ChambersSupreme Court of Missouri · 1923
- State ex rel. Lamport v. RobinsonSupreme Court of Missouri · 1914
2 more not listed; retrieve them via the Exa API.