Dorn-Chrysler Plymouth, Inc. v. Roderique

Missouri Court of Appeals

Dorn-Chrysler Plymouth, Inc. v. Roderique

487 S.W.2d 48, 1972 Mo. App. LEXIS 689

CourtMissouri Court of Appeals

DecidedNovember 7, 1972

DocketNo. 34561

StatusPublished

Cited by10 cases

This text of 487 S.W.2d 48 (Dorn-Chrysler Plymouth, Inc. v. Roderique) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dorn-Chrysler Plymouth, Inc. v. Roderique, 487 S.W.2d 48, 1972 Mo. App. LEXIS 689 (Mo. Ct. App. 1972).

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Opinion

CLEMENS, Judge.

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 [1]; 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. Mc-Kown, 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.

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CLEMENS, Judge.

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 [1]; 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. Mc-Kown, 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.

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Bluebook (online)

487 S.W.2d 48, 1972 Mo. App. LEXIS 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorn-chrysler-plymouth-inc-v-roderique-moctapp-1972.

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