State ex rel. Keck v. Seibert
Supreme Court of Missouri
Mandamus. In this proceeding for a mandamus against the auditor, the petition of relators, which, by agreement is substituted for the alternative writ, is the following: “The relators inform the court, that the respondent, Jas.
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Mandamus. In this proceeding for a mandamus against the auditor, the petition of relators, which, by agreement is substituted for the alternative writ, is the following: “The relators inform the court, that the respondent, Jas. M. Seibert, is auditor of the state of Missouri and as such auditor, it is his duty to audit and allow all criminal costs legally certified to him for allowance by the judges of the circuit court and prosecuting attorneys; that on the — day of January, 1894, a fee bill for costs assessed against the state of Missouri in the case of the state of Missouri against Wilson…
1Opinion of the CourtSherwood, J.
The decisions are conflicting on the point whether a witness who resides in another state is entitled to fees to his place of residence, he having been subpoenaed or recognized at the place of trial, or brought from his residence to that place to testify. In Howland v. Lenox, 4 Johns. 311; Melvin v. Whiting, 13 Pick. 184; White v. Judd, 1 Met. (Mass.) 293; Kingfield v. Pullen, 54 Me. 398, it was held that the travel fees of a witness not subpoenaed, could not extend beyond the state line although they attended from another state for the express purpose of testifying, and did testify.
In Bank…
2Cases cited20 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
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3Cited by11 opinions
- State v. WeatherbySupreme Court of Missouri · 1939
- Campbell v. StateSupreme Court of Florida · 1926
- State ex rel. Suter v. WilderSupreme Court of Missouri · 1906
- State Ex Rel. Gehner v. ThompsonSupreme Court of Missouri · 1927
- Hecht v. HeimannMissouri Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.