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DORN-CHRYSLER PLYMOUTH, INC. v. RODERIQUE

No. 34561.

487 S.W.2d 48 (1972)

DORN-CHRYSLER PLYMOUTH, INC., Respondent, v. Richard L. RODERIQUE, Appellant.

Missouri Court of Appeals, St. Louis District.

November 7, 1972.

Attorney(s) appearing for the Case

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

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

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...

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