Nations v. Pulse
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Wo». Frank B. D earing, Judge. (1) The referee’s report stands as the verdict of a jury and will not be disturbed when supported by substantial evidence. Western Benev. Ass’n v. Kribber, 48 Mo. 37; Singer Mfg. Co. v. Givens, 35 Mo. App. 608; Donnovan v. Barnett, 27 Mo. App. 460; Dunlap v. Elks’ Social Club, 25 Mo. App. 180; Darling v. Potts, 118 Mo. 530; Girnbel v. Pignero, 62 Mu. 240. This last case was a. bill in equity.
Read the full summary
Appeal from Stoddard Circuit Court. — Wo». Frank B. D earing, Judge. (1) The referee’s report stands as the verdict of a jury and will not be disturbed when supported by substantial evidence. Western Benev. Ass’n v. Kribber, 48 Mo. 37; Singer Mfg. Co. v. Givens, 35 Mo. App. 608; Donnovan v. Barnett, 27 Mo. App. 460; Dunlap v. Elks’ Social Club, 25 Mo. App. 180; Darling v. Potts, 118 Mo. 530; Girnbel v. Pignero, 62 Mu. 240. This last case was a. bill in equity. The court said: “The referee found in favor of the plaintiff and he had opportunities for judging of the credibility of witnesses…
1Opinion of the Court
MARSHALL, J. J.
— This is a bill in equity to set aside the sale under a deed of trust made on March 2, 1891, by the plaintiff, John W. Nations, and the defendant, O. L. Pulse, to Lansing Staats, trustee, to secure to 0. C. Frisbee a note for ten thousand dollars, and covering all of sections nine, ten and fifteen of township 27, range 12, in Stoddard county.
The case made is this:
On March 2, 1891, John W. Nations and 0. L. Pulse were partners, engaged in the sawmill business at Bell City, Stoddard county, Missouri. They had both resided in Indiana, and after the partnership was formed Nations…
2Cases cited3 opinions
- Hunt v. SimondsSupreme Court of Missouri · 1854
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Barr v. CubbageSupreme Court of Missouri · 1873
3Cited by2 opinions
- Loeb v. DowlingSupreme Court of Missouri · 1942
- State Ex Rel. Turner v. PenmanMissouri Court of Appeals · 1926