Lamm v. Railey
Missouri Court of Appeals
Appeal from Moniteau Circuit Court.—Uon. William, A. Martin, Judge. (1) The prevailing party is entitled to recover costs, unless there is a different rule prescribed by law.
Read the full summary
Appeal from Moniteau Circuit Court.—Uon. William, A. Martin, Judge. (1) The prevailing party is entitled to recover costs, unless there is a different rule prescribed by law. R. S. 1899, sec. 1547. (2) Cases in trespass or in ejectment if sustained partake of the nature of wrongs and will support actions ex delicio, and in those cases, although the plaintiff set up several counts in their petition, they are entitled to recover their costs, if they recover on any of the counts of their petition, and the court has no right to tax any of the costs against them. Dupont v. McLaren, 61 Mo. 511;…
1Opinion of the CourtBroaddtjs, P. J.
This is an appeal by plaintiff’s from a judgment of the court taxing against them certain cost incurred during the proceedings.
The action was ejectment. The defendant was duly served to appear at the January term of the court for the year 1905, it being the ninth day of said month. After service of summons upon defendant and a short time prior to the beginning of the term, his attorney notified plaintiff’s attorney that he would file a motion to require the plaintiffs to give security for the costs in the case. Under rule 7 of said court, all motions for security of costs were required to be…
2Cases cited3 opinions
- Werner v. Citizens' Railway Co.Supreme Court of Missouri · 1884
- DuPont v. McLaranSupreme Court of Missouri · 1876
- Vineyard v. LynchSupreme Court of Missouri · 1885
3Cited by2 opinions
- Ozias v. HaleyMissouri Court of Appeals · 1910
- O'Donniley v. KinleyMissouri Court of Appeals · 1926