St. Francis Mill Co. v. Sugg
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. R. P. Owen, Judge. The costs in this case are properly recoverable of the heirs of Wylie P. Sugg. They were the only defendants in the proceedings by the creditors to set aside the fraudulent deed, and the court decreed that plaintiffs should recover their costs; which meant only those costs that are taxable under the statute, and it is only the taxable costs for which execution was issued.
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Appeal from Dunklin Circuit Court. — Hon. R. P. Owen, Judge. The costs in this case are properly recoverable of the heirs of Wylie P. Sugg. They were the only defendants in the proceedings by the creditors to set aside the fraudulent deed, and the court decreed that plaintiffs should recover their costs; which meant only those costs that are taxable under the statute, and it is only the taxable costs for which execution was issued. The costs of bringing the property into the estate of W. S. Sugg — such as traveling expenses, etc. — were proved and allowed against the estate of W. S. Sugg.
1Opinion of the Court
Ewing, C.
The record in this case is in almost inextricable confusion, but as far as I can understand it, it appears that the original proceeding by the plaintiff was to cancel and declare void certain conveyances of land by the defendants, in fraud of the plaintiffs, who were *477creditors. The decree in that case was for plaintiffs, as to certain of the land, but excepted certain other of the land which was described, and judgment for costs in favor of the plaintiffs. Execution was sued out and levied on the land excepted in the decree, and thereupon the defendants filed a motion to quash, for…
2Cited by5 opinions
- Campbell v. PopeSupreme Court of Missouri · 1888
- St. Francis Mill Co. v. SuggSupreme Court of Missouri · 1907
- Wyatt v. FrommeMissouri Court of Appeals · 1897
- Sugg v. Wisconsin Lumber Co.District Court, E.D. Missouri · 1922
- Walsh v. RichardsonOhio Superior Court, Cincinnati · 1907