Little v. St. Louis Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds and Hon. Wm. M. Kinsey, Judges. (1) A decree which does not dispose of the question of costs is merely interlocutory where “the reservation or suspension requires the matter to he brought before the court again.” “In view of our statutes and the decisions upon them, the question is, how far the costs rest in the discretion of the court, when sitting as a court of equity or of law. Bank v. Reilly, 8 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds and Hon. Wm. M. Kinsey, Judges. (1) A decree which does not dispose of the question of costs is merely interlocutory where “the reservation or suspension requires the matter to he brought before the court again.” “In view of our statutes and the decisions upon them, the question is, how far the costs rest in the discretion of the court, when sitting as a court of equity or of law. Bank v. Reilly, 8 Mo. App. 548; R. S. 1899, secs. 990, 1002 (now 1547, 1559); Williams v. Field, 2 Wis. 421, 60 Am. Dec. 426; French v. Ice Co., 82…
1Dissent
DISSENTING OPINION.
REYNOLDS, P. J.
I am compelled to dissent from the conclusion arrived at in this case by my very learned associates. As will be noticed by the very clear statement of facts by my brother Goode, the sole question in the case is whether the circuit court had jurisdiction, after the affirmance of its judgment by the. Supreme Court, the Supreme Court neither reversing nor modifying the judgment nor remanding the cause, to enter up any other or further orders or assume any further jurisdiction in the case. Whatever may be said of *594the form of the judgment on which the appeal was…
2Cases cited4 opinions
- Missouri, Kansas & Texas Railway Co. v. SmithSupreme Court of Missouri · 1900
- City of St. Louis v. CrowMissouri Court of Appeals · 1902
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903
- Padgett v. SmithSupreme Court of Missouri · 1907