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Dorn-Chrysler Plymouth, Inc. v. Roderique

Missouri Court of Appeals, Eastern District
Nov 7, 1972
487 S.W.2d 48 (Mo. Ct. App. 1972)

Summary

holding it improper to tax costs against the defendant for jurors' fees and mileage

Summary of this case from Heubel v. VSV, LLC

Opinion

No. 34561.

November 7, 1972.

APPEAL FROM THE CIRCUIT COURT, ST. CHARLES COUNTY, DONALD E. DALTON, J.

Louis A. Robertson, St. Louis, for respondent.

Niedner, Moerschel, Nack Ahlheim, St. Charles, for appellant.


Appeal from an order denying defendant's motion to retax $147.49 costs taxed against defendant for jurors' fees and mileage in a case settled on the day of trial before the jury was sworn.

Section 494.100, V.A.M.S., sets the rates for jurors' fees and mileage, declaring these are "to be paid out of the county treasury." Section 494.160, V.A.M.S., specifically governs the taxing of jury fees as costs in civil actions: "Whenever any jury provided for ... shall serve in the trial of any case, other than criminal, there shall be taxed against the unsuccessful party and collected as costs the sum of twelve dollars as jury fees, which, when collected, shall be paid into the county treasury". We find no other statutory authority for taxing jury costs against an unsuccessful party.

It has long been settled in Missouri that costs are creatures of statute and that statutes allowing taxation of costs are strictly construed. McCrary v. Michael, 233 Mo.App. 797, 109 S.W.2d 50; Laclede Land Improvement Co. v. Morten, 183 Mo.App. 637, 167 S.W. 658 [2]; Van Trump v. Sanneman, 193 Mo.App. 617, 187 S.W. 124 [3]. Courts have no inherent power to award costs, which can only be granted by virtue of express statutory authority. Humphrey v. McKown, Mo.App., 217 S.W. 851 [1, 2].

The order denying defendant's motion to retax costs is reversed and the cause remanded with directions to reduce the amount of the fee by $147.49.

DOWD, Acting C. J., and WEIER, J., concur.


Summaries of

Dorn-Chrysler Plymouth, Inc. v. Roderique

Missouri Court of Appeals, Eastern District
Nov 7, 1972
487 S.W.2d 48 (Mo. Ct. App. 1972)

holding it improper to tax costs against the defendant for jurors' fees and mileage

Summary of this case from Heubel v. VSV, LLC

In Dorn-Chrysler Plymouth, Inc., the court found no statutory authority for taxing civil jury costs other than § 494.160, RSMo 1969. It held improper an order taxing $147.49 for jury fees and mileage where the case was settled on the day of the trial before a jury was sworn.

Summary of this case from Parrett v. Integon Life Ins. Co.
Case details for

Dorn-Chrysler Plymouth, Inc. v. Roderique

Case Details

Full title:DORN-CHRYSLER PLYMOUTH, INC., RESPONDENT, v. RICHARD L. RODERIQUE…

Court:Missouri Court of Appeals, Eastern District

Date published: Nov 7, 1972

Citations

487 S.W.2d 48 (Mo. Ct. App. 1972)

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Wilson v. Good

Statutes allowing taxation of costs are strictly construed. Parrett v. Integon Life Insurance Co., 590 S.W.2d…

Heubel v. VSV, LLC

Parrett , 590 S.W.2d at 413-14 (recognizing that jury costs can create a financial burden on counties but…