Steele v. Wear
Supreme Court of Missouri
Appeal from Cooper Circuit Court. I. The right to costs depends altogether on Statute. (2 Bac. Abr. title “Costs,” p. 484, “A”; Tidd’s Pr. p. 864; Bouv. Law Diet. I Yol., title, “Costs,” p. 370 and authorities referred to.) II. That each House sits as a court, exercising judicial functions in deciding upon the election, etc., of members, and that their judgments in such eases are conclusive. (See Cool. Const. Lim., p. 133.) III.
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Appeal from Cooper Circuit Court. I. The right to costs depends altogether on Statute. (2 Bac. Abr. title “Costs,” p. 484, “A”; Tidd’s Pr. p. 864; Bouv. Law Diet. I Yol., title, “Costs,” p. 370 and authorities referred to.) II. That each House sits as a court, exercising judicial functions in deciding upon the election, etc., of members, and that their judgments in such eases are conclusive. (See Cool. Const. Lim., p. 133.) III. If costs were allowed as part of such judgment, then the only means to enforce payment of them is by process on the judgment, or by suit based on it, and an action in…
1Opinion of the CourtVories, Judge
This action is brought by the plaintiff to recover from the defendant, certain costs expended by plaintiff in a proceeding, instituted by defendant before the House of Representatives *533of the General Assemby of the State of Missouri, to contest the 'election of plaintiff to the office of representative from Cooper county, to said House of Representatives.
The petition is substantially as follows. It is charged that plaintiff was on the eighth day of November, 1870, duly elected, Representative to the Twenty-sixth General Assembly of the State of Missouri from the Second Assembly District of…
2Cases cited1 opinion
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Davis v. MooreSupreme Court of Arkansas · 1902
- Roy v. BotelerMissouri Court of Appeals · 1890
- St. Louis & Gulf Railway Co. v. Cape Girardeau & Thebes Bridge Terminal Railway Co.Missouri Court of Appeals · 1907
- State ex rel. Houser v. OliverMissouri Court of Appeals · 1892
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