State ex rel. Prosperity Building & Loan Ass'n v. Hanley
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. The justice, respondent herein, should be taxed with the costs of the mandamus proceedings.
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Appeal from the St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. The justice, respondent herein, should be taxed with the costs of the mandamus proceedings. Pox v. •Whitney, 32 N. H. 408; People v. Musical M. P. Union, 118 N. Y. 101; U. S. v. Schurz, 102 U. S. 378-407; Kendall v. U. S., 12 Pet. 524; U. S. v. Boutwell, 17 Wall. 604; Queen v. Mayor, etc., 2 G-ale and Davidson, 1 Q. B. 751; Ballon v. Smith, 31 N. H. 413; Merrell on Mandamus, sec. 310. In Missouri, costs are creatures of statute, and are taxable only as the statutes provide. St. Louis v. Meintz, 107 Mo. 611; Hoover v.…
1Opinion of the CourtBland, P. J.
At the suit of appellant an alternative writ of mandamus was issued in the circuit court against William J. Hanley, commanding him to proceed and hear, as justice of the peace, a suit which appellant had begun before him, in unlawful detainer. The return of Hanley to the alternative writ was adjudged insufficient, and a peremptory writ was awarded against him, but the trial court adjudged the costs against the relator (the appellant here). A motion was duly filed asking the court to retax the costs and adjudge the same against Hanley; this motion was overruled; from this judgment the relator…
2Cases cited5 opinions
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Thompson v. Union Elevator Co.Supreme Court of Missouri · 1883
- Edwards v. FergusonSupreme Court of Missouri · 1881
- City of St. Joseph ex rel. King Hill Brick & Manufacturing Co. v. McCabeMissouri Court of Appeals · 1894
3Cited by1 opinion
- State ex rel. McKinney v. ThrasherMissouri Court of Appeals · 1914