Padgett v. Smith

Decision Date27 November 1907
Citation207 Mo. 235,105 S.W. 742
PartiesPADGETT v. SMITH.
CourtMissouri Supreme Court

Action by Ervine Padgett against Jas. H. F. Smith. On motion for an allowance to plaintiff's attorneys for compensation for services rendered in the Supreme Court. Motion dismissed.

For opinions in original appeals, see 103 S. W. 942, 943.

PER CURIAM.

We are of the opinion that the motion for allowance to plaintiff's attorneys for compensation for services rendered by them in this court should be made in the circuit court that tried the cause; that that court has jurisdiction to hear evidence as to the nature and extent of the services and their reasonable value, and to make a proper allowance therefor to be taxed as costs.

This motion is therefore dismissed without prejudice to the rights of the plaintiff to file such a motion in the circuit court.

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11 cases
  • Thatcher v. City of St. Louis
    • United States
    • Missouri Supreme Court
    • December 20, 1938
    ... ... before the expiration of the term at which such final ... judgment is entered. Padgett v. Smith, 207 Mo. 235, ... 105 S.W. 742; Duval v. Duval, 291 S.W. 488; ... Powell v. Bowen, 240 S.W. 1088. (5) The circuit ... court, by its ... ...
  • State ex rel. Williams v. Daues
    • United States
    • Missouri Supreme Court
    • November 29, 1933
    ...52 S.W.2d 395; Little v. St. Louis Union Trust Co., 231 Mo. 208, 132 S.W. 691, affirming 146 Mo.App. 580, 124 S.W. 600; Padgett v. Smith, 207 Mo. 235, 105 S.W. 742. Although the order granting an appeal transferred jurisdiction of the case to the appellate court, matters independent of, col......
  • Little v. St. Louis Trust Co.
    • United States
    • Missouri Court of Appeals
    • January 18, 1910
    ...58; State ex rel. Gray v. Loan Assn., 102 Mo.App. 675, 77 S.W. 171; Schawacker v. McLaughlin, 139 Mo. 333, 40 S.W. 935; Padgett v. Smith, 207 Mo. 235, 105 S.W. 742.] several of those cases the question was adjudged of the right to tax a referee's fees, which must be fixed by the court, afte......
  • State ex rel. Williams v. Daues, 32726.
    • United States
    • Missouri Supreme Court
    • November 29, 1933
    ...S.W. (2d) 395; Little v. St. Louis Union Trust Co., 231 Mo. 208, 132 S.W. 691, affirming 146 Mo. App. 580, 124 S.W. 600; Padgett v. Smith, 207 Mo. 235, 105 S.W. 742. (3) Although the order granting an appeal transferred jurisdiction of the case to the appellate court, matters independent of......
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