Donaldson v. Allen
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Daniel G. Taylor, Judge. (1) Costs are the creatures of statutes, at common law no costs being allowed. Such statutes are in derogation of the common law, and must he strictly construed. Baldwin v. Boulware, 82 Mo. App-. 321; Jackson County v. Stone, 168 Mo. 577; Jackson y. Pulton, 87 Mo. App. 226; Ring v. Vogel Paint Co., 46 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Row. Daniel G. Taylor, Judge. (1) Costs are the creatures of statutes, at common law no costs being allowed. Such statutes are in derogation of the common law, and must he strictly construed. Baldwin v. Boulware, 82 Mo. App-. 321; Jackson County v. Stone, 168 Mo. 577; Jackson y. Pulton, 87 Mo. App. 226; Ring v. Vogel Paint Co., 46 Mo. App. 374. (2) Attorneys’ fees cannot be allowed as costs under tbe general provision of the statutes. R. S. 1899, sec. 1547; Railroad v. Railroad, 138 Mo. 591. (3) Attorneys’ fees cannot be allowed as costs unless…
1Opinion of the Court
LAMM, J
The suit was equitable partition. The-interlocutory decree found the main equitable issues for plaintiffs; ordered a receivership and accounting;determined the moieties of the cotenants; and decreed partition (with other relief not pertinent here). From that decree, cross-appeals were prosecuted (Donaldson v. Allen, 182 Mo. 626), resulting in affirmance.. When our mandate went down, the court appointed' commissioners to make partition. On their report coming in that the land was not susceptible of division in kind, an order of sale was entered and a special- commissioner appointed to…
2Cases cited7 opinions
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Dameron v. JamesonSupreme Court of Missouri · 1879
- Garesche v. Levering Investment Co.Supreme Court of Missouri · 1898
- Rozier v. GriffithSupreme Court of Missouri · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nelson v. HotchkissSupreme Court of Missouri · 1980
- Munday v. ThieleckeSupreme Court of Missouri · 1956
- Sebree v. RosenSupreme Court of Missouri · 1965
- Brooks v. KunzMissouri Court of Appeals · 1982
- First National Bank of Kansas City v. DanforthSupreme Court of Missouri · 1975
11 more not listed; retrieve them via the Exa API.