State ex rel. Huebler v. Board of Police Commissioners
Missouri Court of Appeals
Appeal from St. Louis City- Circuit Court. — Hon. H. D. Wood, Judge. This statute allowing fees must be strictly construed ; the services for which the fee is claimed must have been actually performed; and the burden of proving himself entitled to the fee claimed is on the clerk or officer claiming it.
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Appeal from St. Louis City- Circuit Court. — Hon. H. D. Wood, Judge. This statute allowing fees must be strictly construed ; the services for which the fee is claimed must have been actually performed; and the burden of proving himself entitled to the fee claimed is on the clerk or officer claiming it. “The rule is that all statutes in reference to costs must be construed strictly, and that an officer cannot legally claim remuneration unless the State has expressly conferred the right.” Shed v. Railroad, 67 Mo. 687; St. Louis v. Meintz, 107 Mo. 611, 18 S. W. 30; State v. McO’Blenis, — Mo. —;…
1Opinion of the CourtBland, P. J.
— In 1900 a mandamus suit was commenced in the circuit court, of the city of St. Louis, by the appellant herein against the board of -police commissioners (composed of five members) of the city of St. Louis. The petition for mandamus contained twenty-four separate and distinct counts. An original alternative writ of mandamus, for the use of the sheriff, and five copies thereof, for service upon each of the defendants, were issued by the clerk of the circuit court and delivered to the sheriff. The writ was duly served by delivering to each of the defendants a copy of the original writ. The…
2Cases cited8 opinions
- Hambleton v. Town of DexterSupreme Court of Missouri · 1886
- Ring v. Charles Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- Ford v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1888
- Bell v. County CourtMissouri Court of Appeals · 1895
- State ex rel. Rife v. HawesSupreme Court of Missouri · 1903
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3Cited by4 opinions
- Blackwater Drainage District v. BorgstadtMissouri Court of Appeals · 1912
- State ex rel. Davis v. McMillanSupreme Court of Florida · 1905
- Vidal v. MarreroSupreme Court of Puerto Rico · 1914
- Vidal v. MarreroSupreme Court of Puerto Rico · 1914