Marble v. Vanhorn
Missouri Court of Appeals
Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) Plaintiff’s motion was filed to retax specific costs after the term at which, the general judgment was rendered. -.If the judgment was erroneous it must be resisted by appeal or writ of error. Monk v. Walker, 22 Mo. App. 577; Bosley v. Parle, 35 Mo. App. 233; Uerson v. Railroad', 18 Mo. App. 439. (2) The motion filed by defendant is nothing but a motion to retax costs.
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Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) Plaintiff’s motion was filed to retax specific costs after the term at which, the general judgment was rendered. -.If the judgment was erroneous it must be resisted by appeal or writ of error. Monk v. Walker, 22 Mo. App. 577; Bosley v. Parle, 35 Mo. App. 233; Uerson v. Railroad', 18 Mo. App. 439. (2) The motion filed by defendant is nothing but a motion to retax costs. The relief asked is purely equitable, and cannot be had on a proceeding by motion. Iiolden v. Vaughn, 64 Mo. 588; Hyattv. Wolf, 22 Mo. App. 191; Lowe v.…
1Opinion of the CourtEllison, J.
— This proceeding is founded on a motion in the nature of a writ of error coram nobis, whereby it is sought to set aside a judgment retaxing costs in a cause which had been tried. The motion was sustained and plaintiff appeals.
It appears that the costs were retaxed in the original action on the ground, as alleged in the motion and shown on the trial thereof, that the subpoena umder which the witnesses (such being the cost in dispute) were summoned was issued in blank, and after-wards filled in. The truth and fact was that a proper order had been left with the clerk for the subpoenaing of…
2Cases cited5 opinions
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
- Milam County v. RobertsonTexas Supreme Court · 1877
- Dugan v. ScottMissouri Court of Appeals · 1889
- McKindley v. BuckIllinois Supreme Court · 1867
- Richardson's Ex'x v. JonesSupreme Court of Virginia · 1855
3Cited by13 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Asbell v. StateSupreme Court of Kansas · 1900
- Simms v. ThompsonSupreme Court of Missouri · 1922
- Hadley v. BerneroMissouri Court of Appeals · 1903
- State v. StanleySupreme Court of Missouri · 1910
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