R. L. Gibson & Brother v. Jenkins
Missouri Court of Appeals
Appeal from Linn Circuit Court. — New. John P. Butler, Judge. (1) The court erred in granting defendant thirty days within which to file his exceptions to the report ■of the referee. R. S. 1899, sec. 714. Maloney v. Railroad, 122 Mo. 106. It is not contended that the court may not, on its own motion, set aside a referee’s report without the filing of any exceptions. But the action of the court in this'case is not based upon its own motion but upon' defendant’s exceptions.
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Appeal from Linn Circuit Court. — New. John P. Butler, Judge. (1) The court erred in granting defendant thirty days within which to file his exceptions to the report ■of the referee. R. S. 1899, sec. 714. Maloney v. Railroad, 122 Mo. 106. It is not contended that the court may not, on its own motion, set aside a referee’s report without the filing of any exceptions. But the action of the court in this'case is not based upon its own motion but upon' defendant’s exceptions. Defendant’s exceptions were filed out of time and in vacation and therefore formed no basis for the court’s action.…
1Opinion of the CourtBroaddus, J.
— The plaintiffs sue as partners. The original petition was filed May 5, 1898. 'The amended petition on which the cause was tried was filed at the December term of said court for the same year. The cause was referred to a referee whose finding was duly reported to the court, to which exceptions were filed by both parties. To the action of the court upon said report and the judgment in the case both parties have appealed, filing a joint abstract- of the case. Both petition and answer are quite lengthy and to each is attached a long account. Many questions have been raised which we will…
2Cases cited15 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Ring v. JamisonSupreme Court of Missouri · 1877
- Sprague v. RooneySupreme Court of Missouri · 1891
- St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
- Musser v. AdlerSupreme Court of Missouri · 1885
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3Cited by1 opinion
- Mitchell v. BranhamMissouri Court of Appeals · 1906