Walton v. Walton
Supreme Court of Missouri
jError to,St. Louis Court of Common Pleas. This case was once before in this court, and was reversed and remanded. (17 Mo. Rep. 376.) After it went back to the court below, the defendant was allowed to amend his answer by inserting an additional item for money paid since the former judgment, for wfiich he claimed to be credited in taking the account. The cause was again referred, and the referee reported a balance in favor of the defendant, which report was confirmed.
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jError to,St. Louis Court of Common Pleas. This case was once before in this court, and was reversed and remanded. (17 Mo. Rep. 376.) After it went back to the court below, the defendant was allowed to amend his answer by inserting an additional item for money paid since the former judgment, for wfiich he claimed to be credited in taking the account. The cause was again referred, and the referee reported a balance in favor of the defendant, which report was confirmed. Afterwards, the plaintiff moved the court to tax the costs against the defendant, because the item which accrued after the…
1Opinion of the CourtRyland, Judge
This case has been in this court at a previous term ; it was reversed and remanded. See the case, 17 Mo. Rep. 876. It now comes here again, and the only matter for our consideration is in regard to the costs. The defendant below obtained a judgment for a small sum ; and as the costs in such eases as this are in the discretion of the court, we will not reverse the judgment that gives costs against the losing party.
“ In all civil actions or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made…
2Cited by4 opinions
- Oldham v. McKayMissouri Court of Appeals · 1940
- Ellison v. RalstonMissouri Court of Appeals · 1885
- In re WilsonSupreme Court of Missouri · 1888
- Schafer v. RobertsMissouri Court of Appeals · 1912