State ex rel. Holton v. Walker
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — rHon. James E. Withrow, Judge. (1) All of the competent, relevant and material evidence adduced shows that all legal and proper costs in the case, as alleged in appellants petition, were, by him either, paid or tendered.
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Appeal from the St. Louis City Circuit Court. — rHon. James E. Withrow, Judge. (1) All of the competent, relevant and material evidence adduced shows that all legal and proper costs in the case, as alleged in appellants petition, were, by him either, paid or tendered. R. S. 1889, secs. 5005, 4997, 4989, 5002, 5003, 6149, 6150 and 6242; Laws 1891, pp. 149, 150, 151 and 146, secs. 26, 18, 10, 23, 24 and 9. (2) The right to costs being purely statutory, such, right can have no existence,except the statute authorizing the item or items can be directly pointed out. State ex rel. v. -Seibert, 130…
1Opinion of the CourtBland, P. J.
— On Eebruáry 10, 1899, before Robert Walker (one of the respondents), a justice of the peace in *249and for the city of St. Louis, the appellant, L M. Holton, recovered a judgment of $98.77 and costs against one G. W. Douglass. An execution on this judgment was issued and delivered to G. W. Stinebaker (a respondent), constable. Pending the suit Holton deposited with the justice $15 as security for the costs. On the first day -of June, 1899, and while the execution was yet in the hands of the constable, Holton through his attorney Thomas A. Warren, Esquire, applied to the justice and to the clerk…
2Cases cited9 opinions
- State ex rel. Rutledge v. St. Louis School BoardSupreme Court of Missouri · 1895
- State ex rel. Third National Bank v. SmithSupreme Court of Missouri · 1891
- State ex rel. Evans & Howard Fire Brick Co. v. LubkeSupreme Court of Missouri · 1884
- State ex rel. Zimmerman v. Justices of Bollinger County CourtSupreme Court of Missouri · 1871
- State ex rel. Hamilton v. EngleIndiana Supreme Court · 1891
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3Cited by2 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Smith v. SmithMissouri Court of Appeals · 1910