Lucas v. Brown
Missouri Court of Appeals
Appeal from. Polk Circuit Court.—Hon. Argus Cox, Judge. (1) This being a proceeding to condemn land for a private road all costs in the proceedings should have been adjudged against the petitioner and respondent. R. S. 1899, secs. 9462, 9464. And it was error on the face of the record and under the evidence adduced on the hearing of the motion to retax the costs, to tax up any part of said costs to appellants, the landowners.
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Appeal from. Polk Circuit Court.—Hon. Argus Cox, Judge. (1) This being a proceeding to condemn land for a private road all costs in the proceedings should have been adjudged against the petitioner and respondent. R. S. 1899, secs. 9462, 9464. And it was error on the face of the record and under the evidence adduced on the hearing of the motion to retax the costs, to tax up any part of said costs to appellants, the landowners. (2) A subpoena is a writ, summons or process commanding the appearance of a party under the penalty of disobedience to appear before the court. 2 Rapalje & Lawrence’s…
1Opinion of the Court
JOHNSON, J.—In
a proceeding brought by plaintiff to establish a private road over land of defendants, a jury in the circuit court assessed defendants’ damages at a greater amount than that awarded by commissioners in the county court. Judgment was entered against plaintiff on the verdict which included the costs of the proceedings incurred by defendants. Afterward, on motion of plaintiff to retax, the court struck out a number of items entered by the clerk as a part of the recoverable costs. Defendants appealed from the judgment sustaining the motion and present a num*649her of grounds for…
2Cases cited10 opinions
- Abney v. Ohio Lumber & Mining Co.West Virginia Supreme Court · 1898
- Kavanaugh v. BrodballNebraska Supreme Court · 1894
- Seurer v. HorstSupreme Court of Minnesota · 1884
- Craighead v. MartinSupreme Court of Minnesota · 1878
- Phinney v. DonahueSupreme Court of Iowa · 1885
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3Cited by6 opinions
- Folk v. City of St. LouisSupreme Court of Missouri · 1913
- State ex rel. Koeln v. St. Louis Young Men's Christian Ass'nSupreme Court of Missouri · 1914
- McClue v. EpstenMissouri Court of Appeals · 1973
- Prichard v. Southern Pacific Co.California Court of Appeal · 1935
- Ex parte NelsonSupreme Court of Missouri · 1913
1 more not listed; retrieve them via the Exa API.