Boyle v. Clarke
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. (1) The court erred in continuing the cause at the cost of defendants. R. S. 1889, sec. 2128; Colhoun v. Crawford, 50 Mo. 458; Keltenbaugh v. Railroad, 34 Mo. App. 147. (2) The court erred in overruling defendants’ motion to retax costs. Pierson v. Railroad, 18 Mo. App. 439; Shed v. Railroad, 67 Mo. 687; Authorities, supra.
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Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. (1) The court erred in continuing the cause at the cost of defendants. R. S. 1889, sec. 2128; Colhoun v. Crawford, 50 Mo. 458; Keltenbaugh v. Railroad, 34 Mo. App. 147. (2) The court erred in overruling defendants’ motion to retax costs. Pierson v. Railroad, 18 Mo. App. 439; Shed v. Railroad, 67 Mo. 687; Authorities, supra. (1) Every presumption will be indulged in favor of the correctness of the action of the trial court in granting and refusing continuances. State v. Gamble, 108 Mo. 500; Blair v. Railroad, 89 Mo. 383; State…
1Opinion of the CourtEllison, J.
In this case there is only a judgment for costs rendered on the continuance of the cause by the trial court. A motion to retax was filed by defend*188ant and overruled, whereupon he appealed to this court. There is not to be found in the record any final judgment in the cause and we are riot advised whether the case has ever been disposed of. It is settled by a long line of decisions in this state that a judgment for costs will not support an appeal. Conn v. Ferree, 60 Mo. 17; Boggess v. Cox, 48 Mo. 278; Evans v. Russel, 61 Mo. 37.
Many others might be cited to the same effect. The case should…
2Cases cited3 opinions
- Boggess v. CoxSupreme Court of Missouri · 1871
- Evans v. RussellSupreme Court of Missouri · 1875
- Conn v. FerreeSupreme Court of Missouri · 1875
3Cited by2 opinions
- State Ex Rel. Fowler v. CalvirdMissouri Court of Appeals · 1936
- American Surety Co. v. HaynesMissouri Court of Appeals · 1907