Shed v. Kansas City, St. Joseph & Council Bluffs R.R. Co.

• Decision Date: 30 April 1878
• Citation: 67 Mo. 687
• Parties: SHED v. KANSAS CITY, ST. JOSEPH & COUNCIL BLUFFS RAILROAD COMPANY, Appellant.
• Court: Missouri Supreme Court

67 Mo. 687

SHED

v.KANSAS CITY, ST. JOSEPH & COUNCIL BLUFFS RAILROAD COMPANY, Appellant.

Supreme Court of Missouri.

April Term, 1878.

Appeal from Buchanan Circuit Court.--HON. JOSEPH P. GRUBB, Judge.

Willard P. Hall for appellant.

Doniphan & Reed and B. R. Vineyard for respondent.

SHERWOOD, C. J.

This case comes up here on appeal from motion to retax costs. The first objection of defendant to the costs as taxed grows out of the following entry, “Joel Shed v. The Kansas City, St. Joseph & Council Bluffs Railroad Company. Comes now said defendant, and on its own motion leave is granted it to plead herein on or before the 3d Monday of the present term, or answer thirty days before the next term of this court.” For this entry the clerk taxed costs as follows: For application for order, twenty cents; for an order, thirty-five cents; for an appearance, ten cents. There was no application or motion in writing filed. Defendant objected to said charges, and moved to retax the same.

The second objection of defendant to the taxation of costs is based on the following entry: “Joel Shed v. The Kansas City, St. Joseph & Council Bluffs Railroad Company. Comes now defendant and files motion to dismiss suit.” For this entry the clerk taxed the costs as follows: For filing motion, five cents; for application for leave to file same, twenty cents; for order directing said motion to be filed, thirty-five cents. No application was made to file said motion, and no order was made granting leave to file the same. Defendant objected to all said charges, except the charge of five cents for filing motion.

The third objection of defendant is based upon the following entry: “Joel Shed v. The Kansas City, St. Joseph & Council Bluffs Railroad Company. Comes now said plaintiff and files bond for costs, which is by the court approved, and leave is granted to defendant to answer herein thirty days before the next term of the court.” For this entry the costs are taxed as follows: For filing bond, five cents; for motion for said bond to be filed, twenty cents; for order directing said bond to be filed, thirty-five cents; for order approving said bond, thirty-five cents; for motion of defendant for leave to plead, twenty cents; for order granting leave, thirty-five cents. There was no motion for leave to file said bond, and no order directing it to be filed, and no motion for leave to plead, and the only entry was the one set out as above. Defendant objected to said taxation of costs, except the five cents for filing said bond.

The fourth objection of defendant is based on the following entry: “Joel Shed v. The Kansas City, St. Joseph & Council Bluffs Railroad Company. Comes now said defendant and files answer herein.” For this entry costs are taxed as follows: For filing answer, five cents; for application to file answer, twenty cents; for order directing it to be filed, thirty-five cents. There was no motion to file answer, and no order directing it to be filed. Defendant objected to all of said items, except five cents for filing said answer.

The fifth objection of defendant is based on the following entry: “Joel Shed v. The Kansas City, St. Joseph & Council Bluffs Railroad Company. On defendant's application the case is continued.” For this entry costs are taxed as follows: For two appearances, twenty cents; for a motion for continuance, twenty cents; for a judgment for costs, fifty cents; for a submission, thirty-five cents; for satisfaction of judgment for costs, twenty-five cents; for a continuance, twenty-five cents. The defendant objected to all of said items, except the item of twenty-five cents for a continuance.

The sixth objection of defendant is based on the following entry: “Joel Shed v. The Kansas City, St. Joseph & Council Bluffs Railroad Company. Come now said parties, and it is agreed that plaintiff may have judgment for one cent. It is, therefore, considered that plaintiff recover of defendant the sum of one cent and all costs, and have thereof execution.” For this entry costs are taxed as follows: For one appearance, ten cents; for a submission, twenty-five cents; for a judgment, fifty cents. Defendant objected to all of said items of costs, except the item of fifty cents for a judgment.

The court, upon the hearing of the motion, directed the costs to be retaxed in this, that all charges for appearances, over and above one charge for an appearance at the first term in said case, should be disallowed, and the court overruled said motion in all other respects. So far as pertinent, in the present instance, the statute allows to the circuit clerk fees as follows: For filing any paper in a cause, five cents; for entering an appearance, ten cents; for filing and entering any motion, rule or order, twenty cents; for every submission, thirty-five cents; for every continuance of a cause, twenty-five cents; for entering any judgment, fifty cents; for docketing each judgment, ten cents; for...