Bosley v. Parle
Missouri Court of Appeals
Appeal from the St Louis City Circuit Court. — Hon. James A. Seeeon, Judge. An appeal lies from the order overruling the motion to retax costs. Shed v. Railroad, 67 Mo. 687 ; Herson v. Railroad, 18 Mo. App. 439. Under the facts shown in this case the depositions taken by plaintiff were “sham depositions taken without cause.” Lewring v. Schnell, 8 Mo. App. 589. The act of April 3, 1885 (Sess.
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Appeal from the St Louis City Circuit Court. — Hon. James A. Seeeon, Judge. An appeal lies from the order overruling the motion to retax costs. Shed v. Railroad, 67 Mo. 687 ; Herson v. Railroad, 18 Mo. App. 439. Under the facts shown in this case the depositions taken by plaintiff were “sham depositions taken without cause.” Lewring v. Schnell, 8 Mo. App. 589. The act of April 3, 1885 (Sess. Acts, 1885, 355), under which the commissioner was appointed, does not fix his compensation, nor does it provide how or by whom he shall be paid ; it follows that the rule applies that when a remedy in…
1Opinion of the CourtBiggs, J.
This is an appeal from the judgment of the circuit court overruling a motion filed by defendant to have the clerk of the court retax the costs in said suit. Defendant in his motion alleged that the clerk of the circuit court had wrongfully and illegally taxed the costs of taking certain depositions against defendant, and was threatening to collect the same by process of law.
It appears from the record that this action was begun in the circuit court on January 21, 1888. On the thirtieth of January, 1888, the court, being advised that plaintiff had given defendant notice of his intention to take…
2Cases cited3 opinions
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Mann v. WarnerMissouri Court of Appeals · 1886
- Herson v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
3Cited by14 opinions
- State Ex Rel. State Highway Commission v. GraelerMissouri Court of Appeals · 1957
- Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
- Beecham v. EvansMissouri Court of Appeals · 1909
- Wilson & Co. v. StarkMissouri Court of Appeals · 1891
- Ainley v. American Mutual Fire InsuranceSupreme Court of Iowa · 1900
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