Reaugh v. McCollum Expl. Co., 167 S.W.2d 727 (Tex. 1943). · Go Syfert
Reaugh v. McCollum Expl. Co., 167 S.W.2d 727 (Tex. 1943). Cases Citing This Book View Copy Cite
134 citation events (82 in the last 25 years) across 2 distinct courts.
Strongest positive: Eber Flores and Jaime Flores v. Maria Ochoa (texapp, 2024-08-08)
Treatment trajectory · 1943 → 2026 · click a year to view as-of
1943 1984 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (rule) Eber Flores and Jaime Flores v. Maria Ochoa
Tex. App. · 2024 · confidence medium
Co., 167 S.W.2d 727, 728 (Tex. 1943) (holding the taxing of costs is the ministerial act of the clerk, not an adjudication by the court as to specific items).
discussed Cited as authority (rule) Lion Copolymer Holdings, LLC v. Lion Polymers, LLC
Tex. App. · 2019 · confidence medium
Landfill, Inc., No. 03-10-00826-CV, 2014 WL 6705741 , at *4–5 (Tex. App.—Austin Nov. 14, 2014, no pet.) (mem. op.) (citing Reaugh v. McCollum Exploration Co., 167 S.W.2d 727, 728 (Tex. 1943) (holding that motion to retax costs should be filed in court in which costs accrue and, thus, appellate court lacks jurisdiction to retax district court costs)). 40 Here, LP asserts that the Company waived this issue by not filing a motion to re-tax costs.
examined Cited as authority (rule) United Services Automobile Association v. Joseph Hayes, Jr and Joanne Hayes (6×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (Tex.1943).
discussed Cited as authority (rule) Odell Campbell, Shawnta Renea Coleman, Thomas Ray Robertson, Diana J. Najera, Scott Wiernik, Tairhonda McAfee and Marybeth Lynn Jewell v. Thomas A. Wilder, Tarrant County District Clerk (2×)
Tex. · 2016 · confidence medium
Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943). 35 .
cited Cited as authority (rule) David M. Diggs v. VSM Financial, L.L.C.
Tex. App. · 2015 · confidence medium
Co., 140 Tex. 322, 325 , 167 S.W.2d 727, 728 (1943); Pitts v. Dallas Cty.
cited Cited as authority (rule) Michael J. DeLitta v. Nancy Schaefer
Tex. App. · 2015 · confidence medium
Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943); City of Ingleside v. Stewart, 554 S.W.2d 939, 948 (Tex.Civ.App.—Corpus Christi 1977, writ ref'd n.r.e.).
examined Cited as authority (rule) Cecil Adams and Maxine Adams v. Harris County and Christopher A. Prine, Clerk of the First Court of Appeals (4×)
Tex. App. · 2015 · confidence medium
The latter determination “is a ministerial duty performed by the clerk.” Pitts v. Dallas County Bail Bond Bd., 23 S.W.3d 407, 417-18 (Tex. App. – Amarillo 2000, pet. denied), citing Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc., 937 S.W.2d 60, 87 (Tex. App. – Houston [14th Dist.] 1996), 2 modified, 975 S.W.2d 546 (Tex. 1998) Reaugh v. McCollum Exploration Co., 140 Tex. Supreme Court 322, 167 S.W.2d 727, 728 (1943).
discussed Cited as authority (rule) Cecil Adams and Maxine Adams v. Harris County and Christopher A. Prine, Clerk of the First Court of Appeals (2×)
Tex. App. · 2015 · confidence medium
The defense of an official mistake raise a fact issue in plea to jurisdiction .................................................................................................................. 10 PRAYER FOR RELIEF .......................................................................................... 11 CERTIFICATE OF SERVICE AND COMPLIANCE ..................................... 12-13 INDEX TO THE APPENDIX ................................................................................. 14 APPENDIX 1: ORDER ON PLEA TO JURISDICTION................................. 15 APPENDIX 2: APPELLATE MAN…
examined Cited as authority (rule) Waste Management of Texas, Inc.// Texas Disposal Systems Landfill, Inc. v. Texas Disposal Systems Landfill, Inc.// Cross-Appellee, Waste Management of Texas, Inc. (3×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Although this Court lacks jurisdiction to do so, see Reaugh v. McCollum Exploration Co., 167 S.W.2d 727, 728 (Tex. 1943) (holding that motion to retax costs should be filed in court where costs accrue and, thus, appellate 10 court lacks jurisdiction to retax district court costs), we note, as the Texas Supreme Court did in Reaugh, that Texas Disposal may, at any time after the judgment, including after resolution of any appeals, so long as it is filed before mandate issues and costs are paid, file a motion to retax court costs with the district court.
discussed Cited as authority (rule) Wilder v. Campbell (2×)
Tex. App. · 2014 · confidence medium
Reaugh v. McCollum Exploration Co., 140 Tex. 322, 325 , 167 S.W.2d 727, 728 (1943).
discussed Cited as authority (rule) Thomas A. Wilder, District Clerk v. Odell Campbell, Thomas Ray Robertson, Shawnta Renea Coleman, Scott Wiernik, Tairhonda McAfee, Marybeth Lynn Jewell, and Diana J. Najera (2×)
Tex. App. · 2014 · confidence medium
Reaugh v. McCollum Exploration Co., 140 Tex. 322, 325 , 167 S.W.2d 727, 728 (1943).
discussed Cited as authority (rule) Elizabeth C. Brent v. Martha C. Field, J & J Cattle Family Limited Partnership, a Texas Limited Partnership, American Express Travel Related Services Company, Inc. and Thomas & Watson Trucking, Inc.
Tex. App. · 2009 · confidence medium
But the taxing of costs is not an adjudication by the court as to the correctness of the items taxed as such by the clerk. Â Reaugh v. McCollum Exploration Co., 140 Tex. 322, 325 , 167 S.W.2d 727, 728 (1943) (citations omitted).
discussed Cited as authority (rule) in Re AIG Aviation (Texas), Inc. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania (2×)
Tex. App. · 2008 · confidence medium
“A motion to retax the costs is distinguishable from a motion to have the costs readjudged.” Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
cited Cited as authority (rule) Cesar Argueta v. Mercedes Banales
Tex. App. · 2007 · confidence medium
Reaugh v. McCollum Exploration Co. , 167 S.W.2d 727, 728 (Tex. 1943).
cited Cited as authority (rule) in Re Mohammed Malekzadeh
Tex. App. · 2007 · confidence medium
Reaugh v. McCollum Exploration Co. , 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
cited Cited as authority (rule) Newton v. Calhoun
Tex. App. · 2006 · confidence medium
Wood v. Wood, 159 Tex. 350 , 320 S.W.2d 807, 813 (1959); Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
discussed Cited as authority (rule) County of El Paso v. Dorado
Tex. App. · 2006 · confidence medium
See id., citing Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc., 937 S.W.2d 60, 87 (Tex.App.-Houston [14th Dist.] 1996), modified in Operation Rescue, 975 S.W.2d 546 (Tex.1998); Reaugh v. McCol-lum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
discussed Cited as authority (rule) County of El Paso v. Dorado
Tex. App. · 2005 · confidence medium
See id., citing Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc. , 937 S.W.2d 60, 87 (Tex. App.--Houston [14th Dist.] 1996), modified in Operation Rescue , 975 S.W.2d 546 (Tex. 1998); Reaugh v. McCollum Exploration Co. , 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
cited Cited as authority (rule) Wohlfahrt v. Holloway
Tex. App. · 2005 · confidence medium
E.g., Reaugh v. McCollom Exploration Co., 167 S.W.2d 727, 727-28 , 140 Tex. 322, 324-25 (1943) (dismissing complaint regarding taxation of costs for want of jurisdiction); Southland Life Ins.
cited Cited as authority (rule) John H. Holloway v. Douglas Wohlfahrt, M.D. and Lynn Wohlfahrt
Tex. App. · 2005 · confidence medium
E.g., Reaugh v. McCullom Exploration Co. , 167 S.W.2d 727, 727-28 , 140 Tex. 322, 324-25 (1943) (dismissing complaint regarding taxation of costs for want of jurisdiction); Southland Life Ins.
discussed Cited as authority (rule) Pitts v. Dallas County Bail Bond Board (2×)
Tex. App. · 2000 · confidence medium
Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc., 937 S.W.2d 60, 87 (Tex.App.-Houston [14th Dist.] 1996), modified in Operation Rescue, 975 S.W.2d 546 (Tex.1998); Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
discussed Cited as authority (rule) Terrance Pitts v. Dallas County Bail Bond Board
Tex. App. · 2000 · confidence medium
Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc ., 937 S.W.2d 60, 87 (Tex.App.--Houston [14th Dist.] 1996), modified in Operation Rescue , 975 S.W.2d 546 (Tex. 1998); Reaugh v. McCollum Exploration Co. , 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
discussed Cited as authority (rule) Operation Rescue-National v. Planned Parenthood of Houston & Southeast Texas, Inc. (2×)
Tex. App. · 1997 · confidence medium
Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943); City of Ingleside v. Stewart, 554 S.W.2d 939, 948 (Tex.Civ.App.—Corpus Christi 1977, writ ref'd n.r.e.).
discussed Cited as authority (rule) Cahill v. Lyda (2×)
Tex. App. · 1991 · confidence medium
Any error in that regard "is inherent in the judgment and must be assigned and properly brought up on appeal as any other alleged error in the case." Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943).
discussed Cited "see" Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause v. Tracy D. Strandhagen (2×)
Tex. App. · 2015 · signal: see · confidence high
See Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943); Pitts v. Dallas County Bail Bond Bd., 23 S.W.3d 407, 417 (Tex.App.-Amarillo 2000, pet. denied).
discussed Cited "see" Williams v. Colthurst (2×)
Tex. App. · 2008 · signal: see · confidence high
See Reaugh v. McCollum Exploration Co., 140 Tex. 322 , 167 S.W.2d 727, 728 (1943); Pitts v. Dallas County Bail Bond Bd., 23 S.W.3d 407, 417 (Tex.App.-Amarillo 2000, pet. denied).
discussed Cited "see" Madison Ex Rel. M.M. v. Williamson (2×)
Tex. App. · 2007 · signal: see · confidence high
See Reaugh v. McCollum Exploration Co., 140 Tex. 322, 825 , 167 S.W.2d 727, 728 (1943); Pitts v. Dallas County Bail Bond Bd., 23 S.W.3d 407, 417 (Tex.App.-Amarillo 2000, pet. denied).
discussed Cited "see" Saskia Madison, A/N/F of M.M., a Minor v. Waren Reid Williamson (2×)
Tex. App. · 2007 · signal: see · confidence high
See Reaugh v. McCollum Exploration Co. , 140 Tex. 322, 325 , 167 S.W.2d 727, 728 (1943); Pitts v. Dallas County Bail Bond Bd. , 23 S.W.3d 407, 417 (Tex. App.—Amarillo 2000, pet. denied).
discussed Cited "see, e.g." New Hampshire Insurance Company v. Magellan Reinsurance Co. Ltd. (2×)
Tex. App. · 2013 · signal: see also · confidence low
Code Ann. § 36.002 (a)(2). [28] See Restatement (Second) of Conflict of Laws § 110 cmt. a (1971) (stating that a judgment is not “on the merits” if it does not involve the substance of the plaintiff’s cause of action, and thus a judgment for a defendant is not on the merits if it is based on, for example, lack of jurisdiction or the plaintiff’s capacity to sue). [29] Pat Baker Co., Inc. v. Wilson , 971 S.W.2d 447, 450 (Tex. 1998) (stating that an appellate court cannot reverse a trial court’s judgment on unassigned error). [30] See, e.g. , Vickery v. Comm’n for Lawyer Discipline …
discussed Cited "see, e.g." New Hampshire Insurance Company v. Magellan Reinsurance Co. Ltd. (2×)
Tex. App. · 2013 · signal: see also · confidence low
The Privy Council‘s procedure rules include a section on the assessment of costs.32 Costs are assessed by the registrar or by a 30 See, e.g., Vickery v. Comm’n for Lawyer Discipline, 5 S.W.3d 241, 251 (Tex. App.—Houston [14th Dist.] 1999, pet. denied) (referring to a judgment as ―the final action taken by a court of competent jurisdiction in disposing of matters properly before it‖); see also Reaugh v. McCollum Exploration Co., 140 Tex. 322, 325 , 167 S.W.2d 727, 728 (1943) (holding that a determination of which party should pay costs is part of the judgment but that ―[t]he taxing …
Retrieving the full opinion text from the archive…
G. O. Reaugh
v.
McCollum Exploration Company
Motion No. 15799. Cause No. 7857.
Texas Supreme Court.
Jan 27, 1943.
167 S.W.2d 727
B. D. Kimbrough, of McAllen, and Edward B. Ward, of Corpus Christi, for plaintiffs in error., Strickland, Ewers & Wilkins and R. D. Cox, of Mission, Baker, Botts, Andrews & Wharton and Gaius G. Gannon, all of Houston, for defendant in error.
Alexander.
Cited by 52 opinions  |  Published
Mr. Chief Justice Alexander

delivered the opinion of the Court.

In the above cause G. 0. Reaugh et al, petitioners, have filed in this Court a motion to retax the costs. The facts are these: The petitioners, G. 0. Reaugh et al, recovered a judgment, including the costs in the trial court, against the respondents, McCollum Exploration Company et al. McCollum Exploration Company et al, appealed to the Court of Civil Appeals. The bill of costs originally filed with the transcript in the Court of Civil Appeals did not include any item for the cost of the statement of facts. Thereafter the appellants therein caused the clerk of the trial court to make up a supplemental transcript including a new bill of costs, in which an item of $400.00 was charged for the statement of facts. The supplemental transcript was filed in the Court of Civil Appeals. McCollum Exploration Company et al in the Court of Civil Appeals succeeded in reversing the judgment of the trial court and having all costs adjudged against petitioners, G. O. Reaugh et al. The same item was taxed as a part of the costs in the Court of Civil Appeals. No effort was made to have the costs retaxed in that court. G. 0. Reaugh et al then sued out a writ of error to this Court, but made no complaint of any refusal on the part of the Court of Civil Appeals to retax the costs. The judgment of the Court ef Civil Appeals was affirmed by this Court. G. 0. Reaugh et al[*324] have now filed a motion in this Court requesting that the costs be retaxed, and in this connection they allege that the item of $400.00 for the statement of facts is excessive; and that if a charge of 15c per hundred words is made for the statement of facts, as is authorized by the statute, the costs for the statement of facts would amount to only the sum of $254.91.

We hold that the motion to retax the costs should have been filed in the Court of Civil Appeals.

The amount chargeable for stenographer’s report of the testimony for use in perfecting an appeal is a part of the costs accruing in the case in the Court of Civil Appeals. Pullman Co. v. Hays, 114 Texas 490, 271 S. W. 1108; Irving v. Fort Worth State Bank (Com. App.), 276 S. W. 899; Janes v. O’Fiel (Com. App.), 299 S. W. 640.

Motion to retax costs should be filed in the court where the item of costs accrued. Castro v. Illies, 11 Texas 39; Janes v. O’Fiel, supra; Allen v. Woodson, 60 Texas 651; Irving v. Fort Worth State Bank, supra.

We recognize that there are cases in which this Court has granted original motion filed in this Court to retax costs that had accrued in a lower court. See in this connection Hanson v. Ponder (Com. App.), 5 S. W. (2d) 767; Burks v. Neutzler (Com. App.), 7 S. W. (2d) 65; Boerner v. Cicero Smith Lbr. Co. (Com. App.), 9 S. W. (2d) 1105; McGuire v. Osage Oil Corp. (Com. App.), 66 S. W. (2d) 664. It will be noted, however, that in none of the above cases did the court discuss the jurisdiction of this Court to entertain such a motion. Apparently the matter of jurisdiction was not called to the attention of the court. On the other hand, in each of the cases of Castro v. Illies, supra, Janes v. O’Fiel, supra, Allen v. Woodson, supra, and Iriving v. Fort Worth State Bank, supra, this Court held that it was without jurisdiction to entertain a motion to retax costs where the items complained of were taxed, or should have been taxed, by a lower court as a part of the costs, and the matter had not been first called to the attention of such lower court by a proper motion to retax the costs.

However, the fact that petitioners herein did not call the matter to the attention of the Court of Civil Appeals before the disposition of the main case in this Court will not alone[*325] defeat their right to yet apply to the Court of Civil Appeals to have the costs retaxed.

A motion to retax the costs is distinguishable from a motion to have the costs readjudged. 11 Tex. Jur. 308. Where complaint is made of the ruling of the court in adjudging the costs against the wrong party, the error is inherent in the judgment and must be assigned and properly brought up on appeal as any other alleged error in the case. 11 Tex. Jur. 326; Harris v. Monroe Cattle Co., 84 Texas 674, 19 S. W. 869. But the taxing of costs is not an adjudication by the- court as to the correctness of the items taxed as such by the clerk. It is but the ministerial act of the clerk, and, if erroneous, may be corrected by the court upon motion tiled for that purpose. 11 Tex. Jur. 311. Unless the right has been lost in some other manner, the injured party may file a motion in a lower court to have the costs retaxed, even though the main case has already been disposed of on appeal by a higher court. Patton v. Cox, 97 Texas 253, 77 S. W. 1025; King v. Guerra, 13 S. W. (2d) 908; Pittman v. Fort Worth Warehouse & Storage Co., 263 S. W. 636; Watkins v. Atwell, 50 S. W. 1047; Clark v. Adams, 80 Texas 674, 16 S. W. 552; 11 Tex. Jur. 321.

The motion to have the costs retaxed is dismissed for want of jurisdiction.

Opinion delivered January 27, 1943.