State ex rel. Baker v. Fraker
Supreme Court of Missouri
Error to Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) A witness has no independent action for bis costs. He has no control of his costs. He must look alone to the party who demands his services, or to the provisions of the statute. State ex rel. v. Oliver, 50 Mo. App. 21Y; State ex rel. v. Oliver, 116 Mo. 118; Beedle v. Meade, 81 Mo. 306; Murphy v. Smith, 86 Mo. 333; Hoover v. Railroad, 115 Mo.
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Error to Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) A witness has no independent action for bis costs. He has no control of his costs. He must look alone to the party who demands his services, or to the provisions of the statute. State ex rel. v. Oliver, 50 Mo. App. 21Y; State ex rel. v. Oliver, 116 Mo. 118; Beedle v. Meade, 81 Mo. 306; Murphy v. Smith, 86 Mo. 333; Hoover v. Railroad, 115 Mo. YY; McOlannahan v. Smith, Y6 Mo. 428. (2) Relator had an adequate and specific remedy at law to collect his fees. He can not, therefore, maintain this mandamus or equitable proceeding.…
1Opinion of the CourtSherwood, P. J.
A petition for a writ of mandamus was filed in the office of the clerk of the Schuyler Circuit Court asking that an alternative writ issue to the justices of the county court of that county, commanding them that they cause a warrant to issue, drawn on the proper fund for *133the amount of $43, in favor of the clerk of said circuit court, (which amount had been taxed as costs against the county, and assigned to relator), or that they show cause, etc.
The petition which fulfilled the functions of an alternative writ, and operated as such (by being so treated), was the following:
“To the Hon. Nat. M.…
2Cases cited8 opinions
- State ex rel. Conran v. WilliamsSupreme Court of Missouri · 1888
- State ex rel. Hopkins v. Justices of Buchanan County CourtSupreme Court of Missouri · 1867
- State ex rel. Howard v. SmithMissouri Court of Appeals · 1884
- Platte County Court v. McFarlandSupreme Court of Missouri · 1848
- State ex rel. Dalton v. HillSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- State Ex Rel. R-1 School District of Putnam County v. EwingMissouri Court of Appeals · 1966
- Akin v. BonfilsSupreme Court of Oklahoma · 1915
- Masterson v. MastersonSupreme Court of Missouri · 1939
5 more not listed; retrieve them via the Exa API.