Western Brass Manufacturing Co. v. Mepham
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Cowrt. — Hon. James E. Withrow, Judge.
1Opinion of the CourtRombauer, P. J.
The referee’s finding in an action at law stands in the place of the verdict of a jury, and, when supported by substantial evidence, can not be disturbed on appeal on the sole ground that it is against the weight of the evidence. Franz v. Dietrick, 49 Mo. 95; Dunlap v. Elks Social Club, 25 Mo. App. 180; Lingenfelder v. The Wainwright Brewing Co., 103 Mo. 578. In reviewing such a finding, where proper exceptions were filed to the referee’s report, the appellate court is necessarily confined to the examination of two questions: Is the finding of facts supported by substantial evidence? Are the…
2Cases cited8 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Franz v. DietrickSupreme Court of Missouri · 1871
- Miller v. HoffmanMissouri Court of Appeals · 1887
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
- Schulenburg & Boeckler Lumber Co. v. StrimpleMissouri Court of Appeals · 1888
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3Cited by1 opinion
- Western Brass Manufacturing Co. v. BoyceMissouri Court of Appeals · 1898