Hoover v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circ%át Court. — Hon. T. A. GI-ill,. Judge. (1) A judgment for costs must be rendered in favor of one or the other party to the suit and ‘not in favor of any officers or witnesses. The right to judgment for costs is purely a statutory one as no such right existed at common law.
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Appeal from Jackson Circ%át Court. — Hon. T. A. GI-ill,. Judge. (1) A judgment for costs must be rendered in favor of one or the other party to the suit and ‘not in favor of any officers or witnesses. The right to judgment for costs is purely a statutory one as no such right existed at common law. State ex rel. v. Railroad, 78 Mo. 577; Steel v. Wear, 54 Mo. 531; Thompson v. Elevator Go., 77 Mo. 521. The remedy provided for the officers and witnesses is a fee hill and they have no right to intermeddle with the parties in their control of ¡the case. Beedle v. Mead, 81 Mo. 306. (2) Litigants…
1Opinion of the CourtGantt, J.
John W. Hoover under the firm name •of Hoover & Company recovered a judgment in the •circuit court of Jackson county against the Missouri Pacific Railway Company for $6,000, “and costs of ■ suit.” From this judgment the railway company ¡appealed to this court, and said judgment was affirmed. A motion for rehearing was filed June 2, 1891, and a rehearing granted.
On the tenth of August, 1891, pending a’ rehearing, the following stipulation was entered into:
“John W. Hoover and Peter Schultz, under firm name of ‘John W. Hoover & Co..,'’ Respondent. v. '“The Missouri Pacific Railway Company,…
2Cases cited17 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Beedle v. MeadSupreme Court of Missouri · 1883
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- McClannahan v. SmithSupreme Court of Missouri · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- State ex rel. Miles v. EllisonSupreme Court of Missouri · 1916
- Bovard v. BovardMissouri Court of Appeals · 1939
- State ex rel. Howser v. OliverSupreme Court of Missouri · 1893
- In Re Phi Fathers Educational Ass'nMissouri Court of Appeals · 1947
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