Vogt v. Butler
Supreme Court of Missouri
Error to St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. , 1) The exceptions to the report ought to have been sustained on the ground that the referee had failed to take and subscribe the statutory oath. A taking of an oath is not a subscription of it. R. S. 1889, sec. 2143. (2) Referees are required to report the evidence so “that the rulings of the referee upon the evidence offered may be reviewed.”
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Error to St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. , 1) The exceptions to the report ought to have been sustained on the ground that the referee had failed to take and subscribe the statutory oath. A taking of an oath is not a subscription of it. R. S. 1889, sec. 2143. (2) Referees are required to report the evidence so “that the rulings of the referee upon the evidence offered may be reviewed.” R. S. 1889, secs. 2152, 2153; Caruth v. Wolter, 91 Mo. 484. (3) Under pleas of payment and an offset, evidence of the habits of life of plaintiff, of his ability to earn money, of what…
1Opinion of the CourtGantt, P. J.
This is an action commenced in the circuit court of Franklin county, and taken on change of venue to St. Charles county.
The petition contained two counts. The first on a note dated April 2, 1878, payable one day after date to order of Henry Vogt, for $3,800 with six-per-cent, interest since April, 1880. The second count is on a note of date April 1, 1880, for $4,000, alleging that the balance due is $2,481.75 with interest thereon from October 26, 1886.
Rees’ answer to the first count of the petition avers that on the first day of April, 1880, there was due on the first note $3,800 and one…
2Cases cited6 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Carter v. PriorSupreme Court of Missouri · 1883
- Tucker v. AllenSupreme Court of Missouri · 1871
- Grant v. HolmesSupreme Court of Missouri · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Seligman v. RogersSupreme Court of Missouri · 1893
- State ex rel. Bell v. YatesSupreme Court of Missouri · 1910
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Howard County v. BakerSupreme Court of Missouri · 1894
- State v. Van WyeSupreme Court of Missouri · 1896
12 more not listed; retrieve them via the Exa API.