Clifton v. Sparks
Missouri Court of Appeals
Appeal from Morgan Circuit Court, ITon. E. L. Edwards, Judge. The case is stated in the opinion-. I. Upon the first error assigned the trial court was clearly wrong, in refusing to “restore plaintiffs to all they had lost” by reason of the erroneous judgment. II.
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Appeal from Morgan Circuit Court, ITon. E. L. Edwards, Judge. The case is stated in the opinion-. I. Upon the first error assigned the trial court was clearly wrong, in refusing to “restore plaintiffs to all they had lost” by reason of the erroneous judgment. II. If a defendant, in the conduct of a case, commits an error, and the plaintiff has to appeal to have the error corrected, and it is corrected, although defendant may prevail in the end, he should not be allowed to compel the plaintiff to pay costs, caused by his ■ own error, and which, if such error had not been committed, would have…
1Opinion of the CourtPhilips, P. J.
This controversy arises on a motion to retax the costs in this cause. The motion was submitted on an agreed statement of facts, which recites : ‘ ‘ That plaintiff instituted suit before a justice of the peace, and upon trial before a jury there was a verdict for defendant; and that plaintiff appealed to the circuit court of Morgan county, Missouri. Upon a trial de novo the defendant again had a verdict, and the plaintiff took the case by appeal to the Supreme Court of this •state, where the judgment of the circuit court was reversed and the cause remanded. Upon a retrial in the circuit court…
2Cases cited1 opinion
- Earl v. HartSupreme Court of Missouri · 1886
3Cited by4 opinions
- Buckman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1894
- Bush v. NormanMissouri Court of Appeals · 1920
- Tower v. PaulyMissouri Court of Appeals · 1896