Turner v. Butler
Missouri Court of Appeals
Error to the Miller Circuit Court. — Hon. D. W. Shackleeord, Judge. (1) A referee in a civil case is not entitled to have the clerk of the court in which the caséis tried tax any fee for or to the referee until under the statute the court has made an allowance to the referee, and then the clerk’s sole duty is to tax the amount allowed by the court. The clerk has no discretion, in the matter.
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Error to the Miller Circuit Court. — Hon. D. W. Shackleeord, Judge. (1) A referee in a civil case is not entitled to have the clerk of the court in which the caséis tried tax any fee for or to the referee until under the statute the court has made an allowance to the referee, and then the clerk’s sole duty is to tax the amount allowed by the court. The clerk has no discretion, in the matter. R. S. 1889, sec. 2158. (2) The language of the statute goes no further than to give the court, while it has jurisdiction of the case, power to allow compensation to a referee, and if the referee neglect…
1Opinion of the CourtSmith, P. J.
This a motion to retax costs. The action in which the motion was filed was brought in the circuit court of Miller county. The issues in the cause were referred to Joseph R. Edwards, Esq., who heard the evidence, made his findings and filed his report at the September term, 1892, of said court, at which term the said report was confirmed and judgment rendered accordingly. An appeal was prosecuted by the defendants from said judgment to the supreme court, which judgment in December, 1894, was by that court affirmed.
It further appears from the record that the said referee omitted to ask an…
2Cases cited10 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Wilson v. BoughtonSupreme Court of Missouri · 1872
- Bosley v. ParleMissouri Court of Appeals · 1889
- Ladd v. CouzinsSupreme Court of Missouri · 1873
- Mann v. WarnerMissouri Court of Appeals · 1886
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3Cited by6 opinions
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903
- Wiley v. DalyMissouri Court of Appeals · 2015
- Little v. St. Louis Trust Co.Missouri Court of Appeals · 1910
- State ex rel. Gray v. Active Building & Loan Ass'n No. 2Missouri Court of Appeals · 1903
- Van Trump v. SannemanMissouri Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.