Curtis v. Stix, Baer & Fuller Dry Goods Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) At common law no costs were allowed. The right thereto can exist only when provided by statute. And it is a well-established rule of law that such statutes are to be strictly construed against the party claiming under them. Shed v. Railroad, 67 Mo. 687; In Re Green, 40 Mo. App. 491; Baldwin v. Bulware, 82 Mo. App. 324; Jackson County v. Stone, 168 Mo. 577; Watkins v. McDonald, 70 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) At common law no costs were allowed. The right thereto can exist only when provided by statute. And it is a well-established rule of law that such statutes are to be strictly construed against the party claiming under them. Shed v. Railroad, 67 Mo. 687; In Re Green, 40 Mo. App. 491; Baldwin v. Bulware, 82 Mo. App. 324; Jackson County v. Stone, 168 Mo. 577; Watkins v. McDonald, 70 Mo. App. 357; Conroy v. Frost, 38 Mo. App. 351. (2) The fees of a stenographer for taking down and transcribing evidence given at the taking of…
1Opinion of the CourtNortoni, J.
Plaintiff appeals from a judgment of the court taxing the costs of certain depositions against her. It appears she instituted her suit .against, and the depositions were taken by, defendant therein. The depositions were neither signed by the witnesses nor filed with the clerk at the time plaintiff dismissed her suit, and the principal question for con*583sideration relates to the action of the court in adjudging the costs therefor against plaintiff. In giving judgment for defendant, touching this question, it is obvious the court proceeded in the view that the depositions were not' signed and…
2Cases cited6 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Schawacker v. McLaughlinSupreme Court of Missouri · 1897
- Tyson v. Farm & Home Savings & Loan Ass'nSupreme Court of Missouri · 1900
- Ex parte LivingstonMissouri Court of Appeals · 1882
- Watkins v. McDonaldMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.