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19 Mo. App. 624

Page v. Bettes

Missouri Court of Appeals

Decided December 7, 1885

Missouri Court of Appeals · decided 1885-12-07

Statement of case by the court. In this canse, on the' seventh of December, 1885, there was filed in. the Kansas City court of appeals the following motion: “Now come the said defendants, Orr and Cockrell, in the above cause, and move the court to quash the execution issued in this cause for the reason that the transcript and docket fees having-been paid to the clerk of this court, and the clerk of the court below, there are no other costs taxed in said execution, which .are…

Relies on Beedle v. Mead

Motion denied · Decided 1885-12-07

Per Curiam.

¶1On the agreed statement of facts herein, this court holds :

¶2I. That the copy of the opinion of this court, required by section 3783, Revised Statutes, to be certified down to the clerk of the circuit court, is not covered by the costs included in the fee of ten dollars, provided for in section 5602, Revised Statutes. It is a service performed by the clerk after the rendition of judgment for costs, in favor of the prevailing party, and could not, therefore, be included in the execution, which belongs to the party recovering the judgment. Beedle v. Mead, 81 Mo. 297.

¶3The fee for making and certifying the copy of opinion to the circuit court, is covered by the words, *627“ for other services,” contained in said section 5602. It is taxable against the losing party in this court, at the rate of ten cents per hundred words, etc. This is the rule as applied in the supreme court.

¶4II. The clerk is entitled, as a matter of course, to the fee of one dollar for issuing the writ, or fee bill, and one dollar for the mandate and certificate.

¶5III. Fee bill, and not execution, is the proper prooess for the enforcement of these fees due the clerk. Motion denied.

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