Paxson v. MacDonald
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The special commissioner did not perform his services at the instance and request of MacDonald; but as an officer of the court on motion of Watkins. R. S. 1899, sec. 2883. (2) The subject of costs is a.matter of statutory enactment; and all such statutes must be strictly construed. Ring v. Vogel Paint & Glass Co., 46 Mo. App. 375; Wilson v. Ruthrauff, 87 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The special commissioner did not perform his services at the instance and request of MacDonald; but as an officer of the court on motion of Watkins. R. S. 1899, sec. 2883. (2) The subject of costs is a.matter of statutory enactment; and all such statutes must be strictly construed. Ring v. Vogel Paint & Glass Co., 46 Mo. App. 375; Wilson v. Ruthrauff, 87 Mo. App. 226; State v. Oliver, 126 Mo. 188. (3) Costs can not be taxed against the prevailing party except such as have been adjudged against him. Thompson v.…
1Per curiam
— This is an appeal from an order of the circuit court granting a new trial.
We adopt the greater part of the statement of facts submitted in this court on behalf of appellants, abbreviating it somewhat and omitting-an instruction for plaintiff which the court refused.-
This proceeding was instituted in the probate court in the usual form of a claim and demand for allowance against the estate of Robert S. MacDonald, deceased, and is based on services rendered by Alfred A. Paxson, as special commissioner, in the taking of depositions in the case of Watkins v. MacDonald, in the circuit court, and…
2Cited by2 opinions
- State Ex Rel. Gentry v. BeckerSupreme Court of Missouri · 1943
- Cowan v. MacDonaldMissouri Court of Appeals · 1903