Legal Opinion

State ex rel. O'Briant v. Keokuk & Western Railroad

Supreme Court of Missouri

Decided June 30, 1903PublishedCited by 9 opinions

Appeal from Schuyler Circuit Court. — Hon. N. A. Franklin, Special Judge. (1) At the term the mandate was filed in the circuit court, plaintiff filed motion to have the court allow his attorneys a reasonable attorney’s fee and'to order the clerk to tax the same as costs in the case; and the court in which suit is brought shall, if plaintiff ohtain judgment, allow such, attorneys a reasonable fee for bringing and conducting such suit which shall be taxed against the defendant…

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Appeal from Schuyler Circuit Court. — Hon. N. A. Franklin, Special Judge. (1) At the term the mandate was filed in the circuit court, plaintiff filed motion to have the court allow his attorneys a reasonable attorney’s fee and'to order the clerk to tax the same as costs in the case; and the court in which suit is brought shall, if plaintiff ohtain judgment, allow such, attorneys a reasonable fee for bringing and conducting such suit which shall be taxed against the defendant and paid as other costs in the case. R. S. 1899, sec. 9378; Turner v. Butler, 66 Mo. App. 380; State ex rel. v.…

1Opinion of the CourtFox, J.

The appeal in this case is from the action of the Schuyler Circuit Court in overruling a motion filed by the plaintiff to allow the attorneys for the col*446lector a reasonable fee for bringing and prosecuting a suit for taxes against the respondent, it being the same case as appears reported in 153 Mo. 157, as provided for by section 7746, Revised Statutes 1889, which is section 9378, Revised Statutes 1899. Said motion was filed in said court on the fifth day of June, 1900, and states, in substance, that one Henry W. O’Briant, now deceased, was collector of the revenue of Schuyler county in…

2Cases cited11 opinions

  1. State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  2. State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
  3. Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
  4. Ladd v. CouzinsSupreme Court of Missouri · 1873
  5. Wilson & Co. v. StarkMissouri Court of Appeals · 1891

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Burnetta v. Marceline Coal Co.Supreme Court of Missouri · 1904
  2. State Ex Rel. State Highway Commission v. GraelerMissouri Court of Appeals · 1957
  3. State Ex Rel. Williams v. DauesSupreme Court of Missouri · 1933
  4. Burton v. Chicago & Alton RailroadSupreme Court of Missouri · 1918
  5. Lewis v. D. F. Jones Construction Co., Inc.Supreme Court of Arkansas · 1937

4 more not listed; retrieve them via the Exa API.

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