82 Mo. App. 321 | Mo. Ct. App. | 1900
At the March term, 1898, an opinion in this case was handed down reversing the judgment and remanding the cause. At that term respondent filed motion for rehearing and at the same time made an offer to remit the damages awarded on one count of the petition. During the said March term also the appellant filed his motion asking an allowance for the cost of printing the abstract. Both these motions went over to the October term, 1898. When plaintiff’s offer to remit was accepted and the former order was so modified as to enter a judgment here for the plaintiff on the other three counts of the petition, to which the remitter did not apply. But by oversight the motion to tax costs which had been at the previous term filed by the appellant was not disposed of and the same was still pending in May, 1899, when the appellants filed a supplemental motion asking this court to tax against the respondent (in addition to the costs of the abstract) the further sum of $300 which the appellant paid to the stenographer of the circuit court for transcribing the evidence
We new proceed to dispose of the two motions above mentioned — that is, the one asking an allowance of $145.60 for printing appellant’s abstract, and the other, requesting this court to tax against the respondent the further sum of $300 paid the court stenographer for furnishing transcript of the notes of evidence taken at the trial.
I. We hold the appellant entitled to an allowance for printing the abstract. It was reasonably sufficient, and set forth all of the record that was “necessary to a full understanding of all the questions presented to this court fox decision,” as required by our rule 15; and in accordance therefore with section 2253 of the Revised Statutes, a reasonable charge therefor should be taxed against the respondent. We will then direct the usual charge of sixty cents a page or $134.40 for the 224 pages, to be taxed against the respondent and in favor of the appellant.
II. We fail however to find any lawful authority for taxing against the respondent the compensation which the appellant paid to the stenographer. At common law no costs were allowed. The right thereto can exist only when provided by statute, and it is a well established rule that such statutes are to be strictly construed. Shed v. Railroad, 67 Mo. 687; In re Green, 40 Mo. App. 491.
III. Turning now to the several statutes relating to court stenographers, pages 1915 to 1922. Revised Statutes 1889, and we find five separate and distinct articles providing for court stenographers in counties of different population. The first statute relates to stenographers in counties having a population of 350,000 or more; the second to counties of more than 100,000 and less than 350,000 population; the third to stenographers for counties having more than 45,000 and less than 150,000 inhabitants; the fourth article providing for stenographers in counties of 45,000 or less population, etc.
We have thus quoted every provision of the statute relating -to the employment of the court stenographers in counties of the size of Barton county which can in any way bear on this question, except section 8250, which provides that said stenographer shall be paid for his attendance at court $5 a day out of the county treasury and, except the further provision contained in section 8249, which directs the circuit clerk to “tax up the sum of two dollars, to be collected as other costs, and thereupon to be paid by said clerk to the
It results then from these considerations that we allow the cost of printing appellant’s abstract and direct the same to the extent of $134.40 to be taxed against the respondent, but deny the motion asking for the stenographer’s fees.