Farris v. Smithpeter
Missouri Court of Appeals
Appeal from Laclede County Circuit Court — Ron. L. B. Woodside, Judge. (1) The demurrer should have been sustained because the petition of plaintiffs shows on its face that plaintiffs have an adequate remedy at law by moving, in the court from which the fee bill was issued, to have the same quashed. Calhoun v. Gray, 150 Mo.
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Appeal from Laclede County Circuit Court — Ron. L. B. Woodside, Judge. (1) The demurrer should have been sustained because the petition of plaintiffs shows on its face that plaintiffs have an adequate remedy at law by moving, in the court from which the fee bill was issued, to have the same quashed. Calhoun v. Gray, 150 Mo. App. ■601; Norman v. Eastburn, 230 Mo. 187, 188; Section 2244, R. S. 1909. (2) The demurrer should have been sustained because the petition shows upon its face that the court in which the suit was pending had no jurisdiction of the subject-matter, the fee bill having been…
1Opinion of the CourtSturgis, J.
This is a suit to enjoin the defendant Hufft, who is sheriff of Laclede county, from enforcing against plaintiffs a fee bill issued by the clerk of the circuit court of Greene county, Missouri, in a suit lately pending in such last named court, wherein one Simpson was plaintiff and Bantley defendant. The other defendant, Smithpeter, is the person at *468whose instance the fee bill was issued and who is urging its collection. The grounds of plaintiffs’ liability for the costs covered by the fee bill is that they became sureties on a cost bond for plaintiff in the Simpson v. Bantley case while the…
Also in this document: Concurrence.
2Cases cited19 opinions
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Scrutchfield v. SauterSupreme Court of Missouri · 1894
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3Cited by5 opinions
- City of Kettering v. BergerOhio Court of Appeals · 1982
- Conrades v. Blue Bird Appliance Co.Supreme Court of Missouri · 1924
- State Ex Rel. Allen v. BucknerMissouri Court of Appeals · 1932
- Gregory Bus Line, Inc. v. StephensMissouri Court of Appeals · 1929
- Tiede v. FuhrMissouri Court of Appeals · 1921