Everett v. Taylor
Supreme Court of Missouri
Error to Pettis Circuit Court. I. The only question presented by the record for the decision of this court, is, whether or not the Circuit Court of Pettis county erred in permitting the defendant in error, Everett, to take a non-suit.
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Error to Pettis Circuit Court. I. The only question presented by the record for the decision of this court, is, whether or not the Circuit Court of Pettis county erred in permitting the defendant in error, Everett, to take a non-suit. The exceptions of Everett to the report of the referees, and his prayer that said report be set aside and vacated, and the subsequent action of the court refusing the prayer to vacate said report, seems to be a clear submission of the case to the court; and, not only that, but said refusal is in the nature of a verdict for the defendant, and it only remained for…
1Opinion of the CourtBates, Judge
This suit was brought for the settlement of a partnership account. The case was referred to commissioners to ascertain and state the accounts between the parties. The commissioners reported, and the plaintiff filed exceptions to the report, with a motion to vacate and set aside the report. The court refused to vacate and set aside the report; but the report does not show either that the exceptions were allowed or refused, or that the report was confirmed, and the report itself is not contained in the transcript of the record filed in this court.
Afterwards, it appears-by the record that the…
2Cited by3 opinions
- Publicity Building Realty Corp. v. ThomannSupreme Court of Missouri · 1944
- Houston's Admr. v. Thompson's Admr.Missouri Court of Appeals · 1901
- Belzor v. LoganSupreme Court of Iowa · 1871