Hanrick v. Ake
Court of Appeals of Texas
Appeal from Travis. Tried below before Hon. D. W. Doom, Special District Judge. September 2, 1887, Hanrick filed a motion to retax costs taxed against him by the district clerk of Williamson County in ninety-one cases in which appellant was plaintiff and ninety-one different persons were defendants, said causes having been removed by change of venue to Travis County on the application of plaintiff, where they are still pending.
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Appeal from Travis. Tried below before Hon. D. W. Doom, Special District Judge. September 2, 1887, Hanrick filed a motion to retax costs taxed against him by the district clerk of Williamson County in ninety-one cases in which appellant was plaintiff and ninety-one different persons were defendants, said causes having been removed by change of venue to Travis County on the application of plaintiff, where they are still pending. On October 29, 1887, the parties filed a written agreement or statement of the issues to be submitted, which is as follows, viz.: “ 1. Is the clerk entitled to costs…
1Opinion of the Court
COLLARD, Judge.
—1. We think the court erred in allowing costs for ninety-one orders changing the venue in the ninety-one cases. By agreement the one order was to apply to each and all the cases; there was to be but one order; only one order was made, which applied by agreement to all the cases, and but on% order was actually entered on the minutes of the court. The statute fixes the amount of clerk’s fee for “each order, judgment, or decree” at 75 cents, and “when the judgment or decree exceeds two hundred words the additional fee for each one hundred words in excess of two hundred” is fixed…
2Cited by2 opinions
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- State ex rel. Davis v. McMillanSupreme Court of Florida · 1905