American Surety Co. v. Haynes
American Surety Co. v. Haynes
Opinion of the Court
This is an appeal from an order of the court overruling a motion to retax costs. The case originated in Dunklin county, and was sent from there on a change of venue to Madison county. While the pase was pending in Dunklin county a deposition had been taken which called for 1,030 exhibits. After the change of venue was awarded the papers, including the deposition, was sent to the clerk of the circuit court of Madison county. The exhibits called for by the deposition were likewise sent but detached from the deposition itself. They filled a two-bushel box. The clerk asked the advice of the judge of the circuit court as to what he should do with the numerous exhibits in view of the fact that they were detached from the deposition and did not appear to be identified in it. Acting under the judge’s advice he marked each exhibit filed, treating' it as a separate paper in the case. As the clerk is allowed five cents for filing each paper, his costs for filing would amount
Appellant cites a case from the Supreme Court of Missouri which it says is in conflict with the decision of the Kansas City Court of Appeals, and authority in its favor. [Shed v. Railroad, 67 Mo. 687.] But in said case the motion to retax costs was filed after final judgment in the case.' We have no doubt this appeal was untimely and it will be dismissed. It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.