Smith v. Baer
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Edw. P. Gates, Judge. (1) This case was improperly referred to the referee. When any issue in a case is such that, standing alpne> it would be triable by a jury, the case can not properly be referred. The reference of such a case is a violation of section 28, article 2, Constitution. R. S. 1889, sec. 2138; Evans v. Kalbfleisch, 16 Abb. Prac. (N. S.) 13; Townsend v. Hendricks, 40 How. Prac. 143; Wheeler v. Ealconer, 30 Sup. Ot.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Edw. P. Gates, Judge. (1) This case was improperly referred to the referee. When any issue in a case is such that, standing alpne> it would be triable by a jury, the case can not properly be referred. The reference of such a case is a violation of section 28, article 2, Constitution. R. S. 1889, sec. 2138; Evans v. Kalbfleisch, 16 Abb. Prac. (N. S.) 13; Townsend v. Hendricks, 40 How. Prac. 143; Wheeler v. Ealconer, 30 Sup. Ot. (N. Y.) 45; Rose v. Combes, 37 Sup. Ct. (N. Y.) 289; Ice Go. v. Tamm, 138 Mo. 385. (2) The account sued on in this case, as…
1Opinion of the CourtMarshall, J.
For a clearer understanding of this case the issues and findings of the referee and the material proceedings in the case will be stated in their relation to each other.
The first count of the petition is based on a note for $1,200, executed by the defendant to the plaintiff on September 28, 1889, with ten per cent interest. The answer admits the execution of the note and pleads payment. The referee found that it was not paid, and recommended a judgment for the plaintiff thereon.
The second count of the petition seeks to recover $5,710, being one-half of the losses incurred and paid by the…
2Cases cited3 opinions
- Brand v. CannonSupreme Court of Missouri · 1893
- Hunt v. Missouri RailroadMissouri Court of Appeals · 1883
- Needles v. BurkSupreme Court of Missouri · 1889
3Cited by18 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Hill v. Wabash Ry. Co.Court of Appeals for the Eighth Circuit · 1924
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
- Howard v. StrodeMissouri Court of Appeals · 1907
13 more not listed; retrieve them via the Exa API.