State v. Griffith

• Decision Date: 10 January 1938
• Docket Number: No. 18768.,18768.
• Citation: 112 S.W.2d 78
• Parties: STATE ex rel. STATE HIGHWAY COMMISSION v. GRIFFITH et al.
• Court: Missouri Court of Appeals

112 S.W.2d 78

STATE ex rel. STATE HIGHWAY COMMISSION v. GRIFFITH et al.

No. 18768.

Kansas City Court of Appeals. Missouri.

January 10, 1938.

Appeal from Circuit Court, Clay County; William A. Craven, Special Judge.

"Not to be published in State Reports."

Condemnation proceeding by the State of Missouri, on the relation of the State Highway Commission, against Harry Griffith and another. From an order overruling the relator's motion to retax costs, the relator, opposed by Frank Prewitt, Clerk, appeals.

Appeal dismissed.

Louis V. Stigall and Wilkie B. Cunnyngham, both of Jefferson City, for appellant.

Francis G. Hale, of Liberty, for respondent.

CAMPBELL, Commissioner.

The relator filed motion to retax costs. The motion was heard and overruled. Relator has appealed.

The record shows that the evidence, oral and documentary, introduced in the hearing of the motion, covers 66 pages of the printed abstract.

The relator's statement follows:

"This is an appeal from the overruling of Relator's motion to retax costs in a state highway condemnation case. A blanket condemnation petition had been filed in term time covering several tracts of land. Commissioners were appointed and made their report. The clerk charged on his books, as costs in the cause up to and including the filing and copying of the report of commissioners, the total sum of $352.61, that is, $226.91 for the printer, the sheriff, and the commissioners, and $125.70 for the clerk.

"The Relator paid all fees except those of the clerk. As to these, it filed motion to retax. In this motion the Relator complained of the following charges:

"1. A charge of 30 cents for order sustaining a motion in addition to 20 cents for the filing of the motion.

"2. A double charge for order of publication and for entering the order of publication.

"3. The charging of separate fees of 30 cents for every preliminary finding, recital, description or direction in (a) the order appointing commissioners, and in (b) the order setting the date and place for the appointment of commissioners.

"4. Allowing 30 cents for an order for filing the oath of commissioners and 30 cents for an order for filing an entry of appearance.

"5. Allowing 30 cents for entering an order to the clerk to obey the statutory order to record the commissioners' report and to notify the landowners of the filing of the report.

"6. An allowance of 50 cents, in addition to the statutory allowance, for each copy of the petition, the report of commissioners, the order of publication, the bill of costs, and the original writ of summons.

"7. In allowing more than 35 cents for the filing and entering of a report of commissioners.

"8. For allowing $25.00 for issuing notices to parties whose property was affected by the commissioners' report."

The statement summarizes the allegations of the motion, but makes no reference to the facts of the case.

The statute, section 1060, R.S.1929, Mo. St.Ann. § 1060, p. 1341, and our rule 16, require an appellant to furnish a clear and concise...