Conroy v. Frost
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) There was no allowance in force in favor of the referee. The judgment wherein the allowance was made was set aside, and the new judgment contained no order as to the referee’s fees.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) There was no allowance in force in favor of the referee. The judgment wherein the allowance was made was set aside, and the new judgment contained no order as to the referee’s fees. R. S., sec. 3626; Wall v. Covington, 76 N. 0. 150; Bennett v. Kroth, 37 Kas. 235. (2) Plaintiff is not liable to the referee, even in a case where an allowance has been properly made, until the litigation is at an end. Carroll v. Hardy, 21 Mo. 66; Trail v. Somerville, 22 Mo. App. 308; Whitsett v. Blumenthal, 63 Mo. 480; Stone v.…
1Opinion of the CourtRombaueb, P. J.
This is an appeal prosecuted by a surety upon a bond for costs, from a judgment overruling his motion to quash a fee bill, which had been issued against him and in favor of the respondent for an allowance made tO' the latter by the court for his services as referee in the case, and for expenses incurred by him in employing a stenographer. The facts upon which the points of law arise áre as follows : In an action brought by the plaintiff against the defendant, the respondent Edmunds was appointed referee by the court, and filed his report recommending judgment in favor of the plaintiff for…
2Cases cited5 opinions
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Thompson v. Union Elevator Co.Supreme Court of Missouri · 1883
- Ford v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1888
- Trail v. SomervilleMissouri Court of Appeals · 1886
3Cited by4 opinions
- Turner v. ButlerMissouri Court of Appeals · 1896
- Dempsey v. SchawackerMissouri Court of Appeals · 1895
- Manewal v. ProctorMissouri Court of Appeals · 1905
- Van Trump v. SannemanMissouri Court of Appeals · 1916