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
ON REHEARING.
SMITH, P. J.
— After the foregoing opinion was delivered, a rehearing of the case was granted, but a reargument and re-examination of it has not influenced a conviction in my mind that I should recede from the conclusion announced in that opinion.
It has been seen from a synopsis of the second count of the petition contained in said opinion that it it therein alleged that the plaintiffs and defendant entered into an agreement which was to the effect that the defendant would at the sale under the execution issued on the judgment against Taylor, bid in the land levied on and hold the…
2Cases cited11 opinions
- St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
- Musser v. AdlerSupreme Court of Missouri · 1885
- McDearmott v. SedgwickSupreme Court of Missouri · 1897
- Moore v. RingoSupreme Court of Missouri · 1884
- Sybert v. JonesSupreme Court of Missouri · 1853
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