Ford v. Kansas City, St. Joseph & Council Bluffs Railroad
Missouri Court of Appeals
Appeal from Holt Circuit Court,, IIon. Cyrus A. Anthony, Judge. The case and facts are stated in the opinion of the court.
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Appeal from Holt Circuit Court,, IIon. Cyrus A. Anthony, Judge. The case and facts are stated in the opinion of the court. I. The clerk had no right to tax against the defendant the items of cost in suit, unless the statute specially authorized him to do so. as a remuneration for the services claimed to have been performed by him, to-wit, “For 21 certificates to witnesses’ affidavits, $5.25.” The rule is, that the statute, with reference to cost, must be strictly construed; and no cost can be recovered except specially authorized by statute. Shed v. liailroad, (57 Mo. 687-90. ' II. There is…
1Opinion of the CourtHall, J.
This was a proceeding by. the defendant on motion to retax costs. The matter was submitted to the court on the following sti2iulation: “At this time come the iiarties hereto. And it is for the piurpose of the premises stipulated and agreed, that on the-day of-, 188 — , the said Ford obtained judgment against the defendant for the sum of $-, and that in taxing the costs in said cause, the clerk of the circuit court of *621Holt county, Missouri, in which, court the said judgment-was rendered, taxed as cost in said case, against the defendant, the following items: ‘ Twenty-one certificates-to…
2Cases cited1 opinion
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
3Cited by7 opinions
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- Ring v. Charles Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- State ex rel. Stewart v. WoffordSupreme Court of Missouri · 1893
- State ex rel. Wedeking v. McCrackenMissouri Court of Appeals · 1895
- Hecht v. HeimannMissouri Court of Appeals · 1899
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