Public-domain · open source
OpenJurist

27 Mo. 508

State v. McO'Blenis

Supreme Court of Missouri

Decided October 15, 1858

Supreme Court of Missouri · decided 1858-10-15

Louis Criminal Court. In this cause, directed by the opinion of the supreme court, reported in 21 Mo. 272, a retaxation of the costs was had. In retaxing the costs, the court sustained the taxation against McO’Blenis as originally made.

Decided 1858-10-15

Scott, Judge,

¶1delivered the opinion of the court.

¶2In retaxing the costs of a case, if the fees are not legally, chargeable, they will be disallowed. If the fee-bill on its facéis illegal, it must be-rejected. But if the charges are such as may have been legally incurred in the prosecution or defence of the action, it will be taken to be prima facie correct, and the burden of showing its incorrectness is on him who objects to it. Applying this principle to the fee-bill before us, we do not see on what grounds we can interfere. The charges are such as might have been rendered in the cause in which they are entered. No evidence is preserved in the record, and we are without any means of ascertaining the sum really due by the appellant.

¶3The other judges concurring, judgment affirmed.

/27/mo/508 · .json · Public domain