Fitzgerald v. Hayward
Supreme Court of Missouri
Appeal from, Macon Court of Common Pleas. I. The court erred in not appointing a referee and referring this case to him. Where the parties do not agree to have the case referred, the court, upon the application of either, or of its own motion, may direct a reference, where the trial of an issue of fact shall require the examination of a long account on either side (Gen. Stat. 1865, eh. 169, p. 674, § 18 ; Wa'gn.
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Appeal from, Macon Court of Common Pleas. I. The court erred in not appointing a referee and referring this case to him. Where the parties do not agree to have the case referred, the court, upon the application of either, or of its own motion, may direct a reference, where the trial of an issue of fact shall require the examination of a long account on either side (Gen. Stat. 1865, eh. 169, p. 674, § 18 ; Wa'gn. Stat. 1041, § 18),. and “ the examination of a long account” was involved in the trial ot this case. II. The court below erred in permitting the witnesses to give their opinions on…
1Opinion of the CourtAdams, Judge
This action was founded on a special contract entered into between the plaintiff and one Smith, with the defendants, by the terms of which the plaintiff and Smith undertook to do grading on section 22 and the grading and masonry on section 23 of the Hannibal & Central Missouri Railroad, to be commenced immediately (November 10,1869) and prosecuted with sufficient force to insure completion by the first day of June, 1870; the work to be done in such manner as should be directed by the engineer in charge of the work, or other agent of the defendants ; to be prosecuted to completion with such…
2Cases cited2 opinions
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Clark v. HammerleSupreme Court of Missouri · 1858
3Cited by40 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
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