Edwardson v. Garnhart
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. This being an action ait law was for a jury, and defendant not consenting, to waiving a jury, was wrongfully referred. Under § 17, Art. I, State Const, there can be no compulsory reference of an action at law. (Townsend vs. Hendricks, 40 How. Pr., 143 ; Greene vs. Norris, 19 Cal., 140.) II. There is no pretense that the referee was sworn as required by statute (Wagn, Stat., 147, § 30), or that the affidavit was waived.
Read the full summary
Appeal from, St. Louis Circuit Court. I. This being an action ait law was for a jury, and defendant not consenting, to waiving a jury, was wrongfully referred. Under § 17, Art. I, State Const, there can be no compulsory reference of an action at law. (Townsend vs. Hendricks, 40 How. Pr., 143 ; Greene vs. Norris, 19 Cal., 140.) II. There is no pretense that the referee was sworn as required by statute (Wagn, Stat., 147, § 30), or that the affidavit was waived. Hence, all the proceedings were illegal. (Webb vs. Huse, 38 Mo., 210 ; Tucker vs. Allen, 47 Mo., 488; Fassett vs. Fassett, 41 Mo., 516;…
1Opinion of the CourtVories, Judge
The petition in this case states, that in the year 1867, and for years before that time, the defendant was and had been engaged in the business of a merchant, in buying and selling liquors and other merchandize, in the City of St. Louis; that in January, 1867, he entered into an agreement with defendant whereby plaintiff undertook to give his personal services to the defendant, in and about his said business, for and during the year 1867, and that for such'services the defendant agreed, by way of compensation for the plaintiff’s services, to pay the *83plaintiff one-eighth part of the'net…
2Cases cited1 opinion
- Newton v. MillerSupreme Court of Missouri · 1872
3Cited by13 opinions
- Gray v. BryantSupreme Court of Florida · 1960
- State v. HameySupreme Court of Missouri · 1902
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- Kansas City v. Jones Store Co.Supreme Court of Missouri · 1930
- Bissell v. WardeSupreme Court of Missouri · 1895
8 more not listed; retrieve them via the Exa API.