Legal Opinion

Clarke v. Kane

Missouri Court of Appeals

Decided May 31, 1889PublishedCited by 1 opinion

Appeal from the Lawrence Circuit Court. — Hon. M. G. McGregor, Judge. (1) The finding of tlie referee is to be taken with tke same effect as a verdict of a jury. Smith v. Crews, 2 Mo. App. 269; Gimbel v. Pignero, 62 Mo. 240. This court will not review the evidence in a cause tried before a jury. Sage v. Reeves, 17 Mo. App. 210; Sherer ?>. Rischert, 23 Mo. App. 275; Moore v. Railroad, 73 Mo. 438; State v. Brokerage Co., 85 Mo. 411; Donovan v. Barnett, 27 Mo.

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Appeal from the Lawrence Circuit Court. — Hon. M. G. McGregor, Judge. (1) The finding of tlie referee is to be taken with tke same effect as a verdict of a jury. Smith v. Crews, 2 Mo. App. 269; Gimbel v. Pignero, 62 Mo. 240. This court will not review the evidence in a cause tried before a jury. Sage v. Reeves, 17 Mo. App. 210; Sherer ?>. Rischert, 23 Mo. App. 275; Moore v. Railroad, 73 Mo. 438; State v. Brokerage Co., 85 Mo. 411; Donovan v. Barnett, 27 Mo. App. 460. (2) The exceptions to the report of the referee mast be filed within four days, and, if not so filed, judgment should be…

1Opinion of the CourtThompson, J.

This is a suit in equity to subject the separate estate of a married woman to the payment of an indebtedness alleged to be due to the plaintiff from the married woman, for services rendered at her special instance and request and for the benefit of said estate. The petition alleges “that plaintiff, at the special instance and request of said defendant Sarah Kane, and for the benefit of her separate estate, rendered her • his labor and service for five months in the year 1876, and also continuously from April 1, 1877 to July T5, 1881, amounting to fifty-six and one-half months, and that said…

2Cases cited5 opinions

  1. Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
  2. Christy v. PriceSupreme Court of Missouri · 1842
  3. Suits v. TaylorMissouri Court of Appeals · 1886
  4. Ashbrook v. DaleMissouri Court of Appeals · 1887
  5. Davidson v. BiermannMissouri Court of Appeals · 1887

3Cited by1 opinion

  1. Hecla Gold Mining Co. v. GisbornUtah Supreme Court · 1900

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