Gamble v. Gibson
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The court of appeals erred in holding that the case, after it was sent back to the circuit court, was not open for a retrial and that the action of that court in referring the issues arising on the seventh exception to Judge Holmes was error. The proceeding was a statutory one, -or one at law, and after the reversal by the Supreme Court was open for a re-trial.
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Appeal from St. Louis Court of Appeals. The court of appeals erred in holding that the case, after it was sent back to the circuit court, was not open for a retrial and that the action of that court in referring the issues arising on the seventh exception to Judge Holmes was error. The proceeding was a statutory one, -or one at law, and after the reversal by the Supreme Court was open for a re-trial. State v. Newkirk, 49 Mo. 472 ; Sharpe v. Johnston, 76 Mo. 660; Rev. Stat., 1879, sec. 3623; O’Neil v. Capelle, 62 Mo. 202; Moniteau Bk. v. Miller, 73 Mo. 192. Even in equity cases as well as at…
1Opinion of the CourtHough, C. J.
As the history of this case is succinctly stated in the opinion of the court of appeals we adopt the statement there made, making such changes therein as change of form has rendered appropriate.
At the December term, 1867, of the probate court of St. Louis county, Charles Gibson presented his final settlement as executor of the estate of Hamilton R. Gamble, deceased. The devisees and distributees filed twenty-one exceptions to the report which, by consent, were referred to a referee, upon the incoming of whose report a judgment was rendered from which the executor appealed to the circuit court…
2Cases cited7 opinions
- Supervisors v. KennicottSupreme Court of the United States · 1877
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Hurck v. ErskineSupreme Court of Missouri · 1872
- McClellan v. CrookCourt of Appeals of Maryland · 1848
- Young v. FrostCourt of Appeals of Maryland · 1851
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3Cited by9 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Boggess v. HarrisTexas Supreme Court · 1897
- May v. CrawfordSupreme Court of Missouri · 1899
- Feinstein v. McGuireSupreme Court of Missouri · 1958
- Johnston v. RaganSupreme Court of Missouri · 1915
4 more not listed; retrieve them via the Exa API.