Johnson v. Latta
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. James M. Davis, Judge. (1) Section 2956, Revised' Statutes, 1879, does not authorize the justice to render judgment against a party taking a change of venue ; it only gives him the right to “tax” the costs against such party (i. e.) to fix the amount. Vide 2 Bouvier’s Law Die., (14th Ed.) p. 579; sec. 2985 1 R. S. 1879, et seq., are the only cases in which the justice can legally render judgment for costs.
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Appeal from Carroll Circuit Court. — Hon. James M. Davis, Judge. (1) Section 2956, Revised' Statutes, 1879, does not authorize the justice to render judgment against a party taking a change of venue ; it only gives him the right to “tax” the costs against such party (i. e.) to fix the amount. Vide 2 Bouvier’s Law Die., (14th Ed.) p. 579; sec. 2985 1 R. S. 1879, et seq., are the only cases in which the justice can legally render judgment for costs. Justices of the peace can render judgment only in cases especially authorized by statute. The power to “tax” costs given in section 2956, supra,…
1Opinion of the Court
Ewing, C.
Plaintiff sued defendant before a justice of the peace in Carroll county. Defendant filed his affidavit for a change of venue, which was granted and judgment at the same time entered against the defendant for costs, under section 2956, Eevised Statutes, 1879. The justice afterwards on the 22nd of December, 1880, issued execution on the judgment for costs, returnable ninety days thereafter. On March 16, 1880, the constable made return of nulla bona. On May 15, 1880, a transcript of the justice’s judgment was filed in the office of the clerk of the circuit court of Carroll county. On…
2Cases cited7 opinions
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