Armstrong's v. Priest
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The action of the court, in making the order of reference to this referee, was in derogation of the statute, unauthorized and void, and conferred no power or authority upon the referee.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The action of the court, in making the order of reference to this referee, was in derogation of the statute, unauthorized and void, and conferred no power or authority upon the referee. R. S. 1889, secs. 461, 462. Denny v. Manhattan Co., 2 Hill, 220; Caulk v. Blythe, 55 Mo. 293; Walton v. Walton, 17 Mo. 376. (2) The finding of the referee in regard to the compensation to be allowed to the assignee was erroneous and improper and oppressive. (3) The finding of the referee that the assignee should be charged with…
1Opinion of the CourtBurgess, J.
This is an appeal by defendant from a judgment approving the report of John H. Dryden referee to whom the cause had been referred by order of court, and by whom it was found that there was in the hands of defendant, assignee of Murdoch & Dickson, for distribution among their creditors, the sum of $8,236.75.
The partnership of Murdoch & Dickson in 1873, made a statutory assignment to defendant assignee for the benefit of its creditors of all its assets, consisting principally of real estate in the city and county of St. Louis. The first report by the assignee was not filed *493until the…
2Cases cited11 opinions
- Ackerman v. EmottNew York Supreme Court · 1848
- Cruce v. CruceSupreme Court of Missouri · 1884
- In re DavisSupreme Court of Missouri · 1876
- Williams v. Heirs of PettigrewSupreme Court of Missouri · 1876
- Lansing v. LansingNew York Supreme Court · 1865
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