Clark v. Phillips
Supreme Court of Missouri
Appeal from dole Circuit Court. — IIon. J. L. Smith, Special Judge. This being an action at law, the parties had a constitutional right to a trial by jury, the finding of the referee was equivalent to the verdict of a jury, and the court had no further or greater authority over the report than it would have over a verdict. It might set aside the report and grant a new trial if not sustained by the evidence, but would have no right to substitute findings of its own.
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Appeal from dole Circuit Court. — IIon. J. L. Smith, Special Judge. This being an action at law, the parties had a constitutional right to a trial by jury, the finding of the referee was equivalent to the verdict of a jury, and the court had no further or greater authority over the report than it would have over a verdict. It might set aside the report and grant a new trial if not sustained by the evidence, but would have no right to substitute findings of its own. Woodrow v. Younger, 61 Mo. 395; State ex rel. v. Burclehartt, 83 Mo. 439; Kennard v. Pede, 19 Mo. App. 342; Western v. Kribben,…
1Opinion of the CourtSherwood, J.
This was an action at law on an account, the petition containing eleven items. D. H. McIntyre was appointed referee by consent, heard the evidence, and returned the same with this report. There were three counts in the petition. The referee found for the plaintiff on the first and second counts, but for the defendants on the third count, upon the ground that there had been a full and complete settlement between the parties litigant of all the matters embraced therein. On the coming in of the report, plaintiff filed exceptions which were overruled as to the first and second counts, but…
2Cases cited1 opinion
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
3Cited by3 opinions
- Schorr v. EtlingSupreme Court of Missouri · 1894
- Ball v. BallSupreme Court of Missouri · 1901
- In Re Dunlap's EstateOregon Supreme Court · 1939