Hassinger v. Pye
Supreme Court of Missouri
ERROR to Marion Circuit Court. POINTS AND AUTHORITIES. 1. The report of the arbitrators was no lawful award. It should have found for one or the other party, and not found a special state of facts. 2. The arbitrators did not find sufficient facts to warrant a judgment'for plaintiff..
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ERROR to Marion Circuit Court. POINTS AND AUTHORITIES. 1. The report of the arbitrators was no lawful award. It should have found for one or the other party, and not found a special state of facts. 2. The arbitrators did not find sufficient facts to warrant a judgment'for plaintiff.. They did not find the note to have been assigned for a valuable consideration. 7 Monroe 605. 3. They found some evidence of insolvency in the maker of the note; but at the same time found that evidence to be false, and that he was abundantly solvent. 4. If the report of the arbitrators was good at all, it was…
1Opinion of the CourtScott, J.
This was an action of assumpsit brought by'Pye against Hassinger, in which the plaintiff recovered.
It appears that the cause was referred, and a report was made. After the making of a report by the referees, the judgment was entered by the Court. An appeal was prayed, and a bill of exceptions was filed at .a *157time subsequent to the term at which the judgment was rendered. It does not appear that this was done by the consent of the parties. The defendant in error objects' that the bill of exceptions was taken at a time when it was not authorized by law. This objection is well taken. Without the…
2Cited by2 opinions
- Mentzing v. Pacific R. R.Supreme Court of Missouri · 1876
- Farrar v. FinneySupreme Court of Missouri · 1855