Wilson & Co. v. Stark
Missouri Court of Appeals
Original Motion to Retax Costs. (1) The appellant, under the statutes of 1889, is entitled to have taxed as part of the cost of appeal, where he is successful, the costs of printing the abstract of record, the docket fee and certificate of appeal! 1 R. S. 1889, sec. 2258. (2) The costs of appeal are taxable or retaxable in the appellate court, and this court will entertain a motion for that purpose. Page v. Bettes, 19 Mo.
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Original Motion to Retax Costs. (1) The appellant, under the statutes of 1889, is entitled to have taxed as part of the cost of appeal, where he is successful, the costs of printing the abstract of record, the docket fee and certificate of appeal! 1 R. S. 1889, sec. 2258. (2) The costs of appeal are taxable or retaxable in the appellate court, and this court will entertain a motion for that purpose. Page v. Bettes, 19 Mo. App. 624. (3) The circuit clerk, after the cause was reversed and remanded, had the same power to tax the costs of appeal as he had in any cause pending in his court, basing…
1Opinion of the CourtSmith, P. J.
The judgment in this case was reversed at the last term. At the present term the appellant filed a motion wherein we are asked to allow a certain charge for the cost of printing the abstracts of the record, and then to order that the same be taxed as part of the cost of the appeal in favor of the appellants and against the respondents.
I. The respondent resists the granting of this motion principally upon the grounds, that the charge for printing the abstract not béing for costs, the amount of which is specially fixed by law, cannot be allowed by us and taxed as costs of the appeal after the…
2Cases cited8 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Bosley v. ParleMissouri Court of Appeals · 1889
- Ladd v. CouzinsSupreme Court of Missouri · 1873
- Mann v. WarnerMissouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903
- Berberet v. BerberetSupreme Court of Missouri · 1897
- Turner v. ButlerMissouri Court of Appeals · 1896
- State Ex Rel. Park National Bank v. Globe Indemnity Co.Supreme Court of Missouri · 1933
- Little v. St. Louis Trust Co.Missouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.