Veidt v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) There can he no costs except those expressly allowed by the statute, which must he strictly construed. Steele v. Wear, 54 Mo. 531; Shed v. Railroad, 67 Mo. 687; Sinclair v. Railroad, 74 Mo.
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Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) There can he no costs except those expressly allowed by the statute, which must he strictly construed. Steele v. Wear, 54 Mo. 531; Shed v. Railroad, 67 Mo. 687; Sinclair v. Railroad, 74 Mo. App. 500; Houts v. McCluney, 102 Mo. 13; Thompson v. Elevator Co., 77 Mo. 520; St. Louis v. Meintz, 107 Mo. 611; Hoover v. Railroad, 115 Mo. 77; State ex rel. v. Oliver, 116 Mo. 188; State ex rel. v. Seihert, 130 Mo. 202. (2) The witnesses were entitled to mileage only for the number of miles necessarily traveled, they had no right to take a…
1Opinion of the CourtSmith, P. J.
This is an appeal by the defendant from a judgment of the circuit court overruling a motion filed by the defendant to retax costs. The statute — section 3260, Revised Statutes — provides that the clerk of each court of record, on the application of any witness to have his fees allowed, shall enter on his book, under the title of the cause in which the witness was summoned, the name of the witness, the number of days he has attended, and the number of miles he has found necessary to travel in consequence of the summons, and shall swear the witness to the truth of the facts contained in said…
2Cases cited9 opinions
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Thompson v. Union Elevator Co.Supreme Court of Missouri · 1883
- State ex rel. Howser v. OliverSupreme Court of Missouri · 1893
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3Cited by2 opinions
- Lucas v. BrownMissouri Court of Appeals · 1908
- Harbstreet v. ShipmanMissouri Court of Appeals · 1938