Dulle v. Deimler
Supreme Court of Missouri
Error to Cole Circuit Cowrt. The facts sufficiently appear in the opinion of the court. I. The court having adjourned over from August until November, all its proceedings in the latter month were but the proceedings of the regular August term. The court was authorized to hold the court in November in continuance of the regular term. (R. C. 1855, p. 540, § 48.) No additional process was required to enforce the appearance of witnesses or parties.
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Error to Cole Circuit Cowrt. The facts sufficiently appear in the opinion of the court. I. The court having adjourned over from August until November, all its proceedings in the latter month were but the proceedings of the regular August term. The court was authorized to hold the court in November in continuance of the regular term. (R. C. 1855, p. 540, § 48.) No additional process was required to enforce the appearance of witnesses or parties. The effect of the adjournment was the same as if the court had adjourned over from Saturday until the following Monday. The judgment for costs covered…
1Opinion of the CourtNaptoN, Judge
At a special adjourned term of the circuit court of Cole county, in November, the plaintiff, upon his application, obtained a continuance at his costs, and the clerk in taxing the costs under the order included the costs of the regular August term of which the November term was a continuance. At a subsequent term, and after a verdict and judgment for the plaintiff, the court, upon motion, directed the clerk to retax the costs, so as to exclude from the costs of the continuance in November the costs of the regular August term. This opinion was excepted to, and its propriety constitutes the…
2Cited by7 opinions
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903
- Berberet v. BerberetSupreme Court of Missouri · 1897
- State v. PateSupreme Court of Missouri · 1878
- Jackson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1886
- Little v. St. Louis Trust Co.Missouri Court of Appeals · 1910
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