(Download) "Kerr v. United Collection Service" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free
eBook details
- Title: Kerr v. United Collection Service
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 02, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 This is an appeal from an order of the trial court sustaining a demurrer to plaintiff's petition filed in a subsequent
and separate action which alleged that plaintiff's deceased was a constable and earned fees as such in a large number of cases
which were filed for numerous defendants by defendant Bernard as lawyer; that Bernard and the other defendants constituted
a collection agency which received the accounts on which these original suits were predicated with the agreement between defendants
and those to whom such accounts were due, that the former would hold the latter harmless as to all costs involved in collecting
such accounts; that a large number of such cases so filed resulted in plaintiff's earning fees which were due and totaling
a large sum of money as such costs or fees, concluding with a prayer for recovery of earned fees against defendants in the
separate and subsequent action. 2 The demurrer was properly sustained. The petition did not state a cause of action. There is no common-law rule
that permits recovery of expenses of litigation. If any such right exists it must be statutory. One entitled to recover statutory
taxable cost (including constable fees) must do so in the original action, and not by a subsequent suit. Stone-Easter, Inc.,
v. City of Seattle, 121 Wash. 520, 209 P. 687, 215 P. 56. For other cases see 5th Dec. Dig., Costs, 3, page 850.
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