Hays v. Bayliss
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — IIon. "Wm. T. "Wood, Judge. argued that the finding of the referee was erroneous. It is the settled practice in the .Supreme Court of this State that it will not interfere with the judgment of the court below, unless the evidence is preserved. Bonnot r.
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Appeal from Lafayette Circuit Court. — IIon. "Wm. T. "Wood, Judge. argued that the finding of the referee was erroneous. It is the settled practice in the .Supreme Court of this State that it will not interfere with the judgment of the court below, unless the evidence is preserved. Bonnot r. Party, 59 Mo. 98; Routsonz v. Railroad Co., 45 Mo. 237. Since the year 1840 no finding of facts can he embraced in the judgments of inferior courts, and if embodied therein, cannot be regarded by this court on appeal. Martin v. Martin, 27 Mo. 227; Brosius v. McGavgh, 27 Mo. 330; Gist v. Eubank, 29 Mo.…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of Lafayette county for the purpose of settling a partnership between plaintiff’ and defendant, entered into in 1869 aud continuing till 1871. The petition alleges that the accounts were unsettled; avers that upon settlement a large balance was due plaintiff; and asks that an account be taken and judgment rendered for the amount claimed to be due. The answer is' a general denial.
*210The case was referred to Mr. Blackwell with directions to take the account and report his action to the court. After taking, as stated in the report, eight hundred pages…
2Cited by4 opinions
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- Oglebay v. CorbySupreme Court of Missouri · 1888