18 Mo.App. 562 (Mo.App. 1885), Baker v. Raley
|Citation:||18 Mo.App. 562|
|Opinion Judge:||ELLISON, J.|
|Party Name:||JAMES L. BAKER, Respondent, v. JAMES RALEY, Appellant.|
|Attorney:||HIGBEE & RALEY, for appellant.|
|Case Date:||July 06, 1885|
|Court:||Court of Appeals of Missouri|
APPEAL from Schuyler Circuit Court, HON. ANDREW ELLISON, J.
Statement of case by the court.
This action is based on the following petition: " Plaintiff states that on or about the 15th day of November, 1876, one C. C. Fetters, instituted suit by attachment, in this court for debt against David and Francis McElroy, whereby he sought to recover from the defendants therein $165.00 and costs of suit; that afterwards at the term 187- of this court, said cause was tried and finally disposed of, and a verdict given for the defendants therein, and judgment rendered therein adjudging plaintiff to pay the costs of said suit, that during the pendency of said suit and for the necessary prosecution and defence of the same, a large amount of costs in the nature of officers' and witnesses' fees, was made, which were taxed to the parties entitled thereto as follows, to-wit: (Here follows the amount due each officer and witness by name), total amount of costs as due the plaintiff $140.67, as will more fully appear from an itemized statement, herewith filed, that all of said sums have been for value, sold and assigned to this plaintiff, and though long past due remain wholly unpaid; plaintiff further says that after the institution of said suit and long prior to the determination thereof, the said C. C. Fetters, plaintiff in said suit as aforesaid, for a valuable consideration, to-wit: $50.00 to him then paid by this defendant, sold, assigned, and transferred to this defendant absolutely the debt therein sought to be recovered, with full power to this defendant to prosecute said suit in his own behalf, and collect the debt therein claimed to be due, for his own exclusive use and benefit. Plaintiff further states that by virtue of the aforesaid purchase of said demand by this defendant, he became and was from and after the date of said purchase the absolute owner of said demand and the real party plaintiff in said cause; that the same was from and after said purchase as aforesaid prosecuted in the interest of and for the exclusive use and benefit of this defendant, by reason of all of which plaintiff says defendant became and is now liable for the costs of said suit, and though often requested so to do, he has failed and still fails and...
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