Tinsley v. Kemery
Missouri Court of Appeals
Appeal from the Louisiana Court of Common" Pleas. — Hon. s David H. Dby, Judge. (1) “In a law case the circuit judge may set aside the report of a referee altogether, but he has no power to amend it.” Clark v. Phillips, 99 Mo. 550; Caruth-Byrnes Hardware Co. v. Wolter, 91 Mo. 484; Turley v. Barnes, 67 Mo.
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Appeal from the Louisiana Court of Common" Pleas. — Hon. s David H. Dby, Judge. (1) “In a law case the circuit judge may set aside the report of a referee altogether, but he has no power to amend it.” Clark v. Phillips, 99 Mo. 550; Caruth-Byrnes Hardware Co. v. Wolter, 91 Mo. 484; Turley v. Barnes, 67 Mo. App. 237; Martin v. Hall, 26 Mo. 386. In this case the court not only amended the referee’s report, but found issues not submitted to him, but raised by the answer, and that were requested, by tbe defendants to be submitted to the jury. (1) The cause was properly referred. Smith v. Haley, 41…
1Opinion of the CourtBond, J.
This suit is upon a bond given to secure the performance of a contract to construct a building. The petition alleges a breach, in that plaintiff was compelled to pay $343.71 in excess of the sum specified-in the building contract. It also alleges that the' contractor agreed that' this ’ overpayment was “due and owing to plaintiff,” and prays judgment therefor against him and the other obligors in the bond. By the terms of the building contract the plaintiff agreed to pay $2,218 for the necessary material and labor to be furnished by the contractor for the erection of a dwelling house. The…
2Cases cited2 opinions
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- State ex rel. Dugan v. Kansas City Court of AppealsSupreme Court of Missouri · 1891
3Cited by3 opinions
- Tinsley v. KemerySupreme Court of Missouri · 1902
- Wolf v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1924
- Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927