Wells v. Orthwein

KELLY, Judge.

Thomas and Mary Wells, husband and wife, prosecute this appeal from a judgment of the Circuit Court of St. Charles County, Missouri, taxing costs against them and awarding Nancy M. Orthwein $1,000.00 actual damages and $2,000.00 punitive damages on her counterclaim for abuse of process. We reverse and remand to the trial court to reconsider the taxing of costs.

The Wellses instituted this action against James Busch Orthwein, Adolphus Busch Orthwein and Nancy Orthwein, the wife of Adolphus Busch Orthwein, on March 9, 1979 by filing a two count petition; one for breach of contract…