Creve Coeur Lake Ice Co. v. Tamm
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) There is no issue of fact which requires the examination of a long account within the meaning of Revised Statutes 1889, section 2138. Dooley v. Barker, 2 Mo. App. 325; Ittner v. St. Louis Exposition, 97 Mo. 561. (2) If this case can be said to involve an account, it is certainly not along one.
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Transferred from St. Louis Court of Appeals. (1) There is no issue of fact which requires the examination of a long account within the meaning of Revised Statutes 1889, section 2138. Dooley v. Barker, 2 Mo. App. 325; Ittner v. St. Louis Exposition, 97 Mo. 561. (2) If this case can be said to involve an account, it is certainly not along one. (3) If exhibit “A” were in fact an account, then under section 2075, Revised Statutes 1889, plaintiff was precluded from giving any evidence of the items thereof, since said account was neither set forth in nor attached to the petition. (4) The action is…
1Opinion of the CourtGantt, P. J.
This appeal has been transferred to this court by the St. Louis Court of Appeals, because the construction of section 28, article 2, of the Constitution of Missouri, 1875, is involved.
By that section “the right of trial by jury as heretofore enjoyed” is preserved “inviolate.”
A jury was demanded and the appointment of the referee to try this case was contested at every step. We think the right to a jury was sufficiently claimed in the trial court and its denial was excepted to at every stage of the proceeding. State ex rel. Campbell v. Court of Appeals, 97 Mo. 276.
It follows that this court…
2Cases cited13 opinions
- Lee v. TillotsonNew York Supreme Court · 1840
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. HameySupreme Court of Missouri · 1902
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
21 more not listed; retrieve them via the Exa API.