State ex rel. Walker v. Hurlstone
Supreme Court of Missouri
Appeal from Cedar Circuit Court. — Hon. Chas, Gr. Burton, Judge. (1) The report of the referee was equivalent to a special verdict. R. S., sec. 3623; Woodin x. Foster, 16 Burt. 46; Bank x. Miller, 73 Mo. 187; Woodrow x. Younger, 61 Mo. 395; Franz x.
Read the full summary
Appeal from Cedar Circuit Court. — Hon. Chas, Gr. Burton, Judge. (1) The report of the referee was equivalent to a special verdict. R. S., sec. 3623; Woodin x. Foster, 16 Burt. 46; Bank x. Miller, 73 Mo. 187; Woodrow x. Younger, 61 Mo. 395; Franz x. Beitrick, 49 Mo. 95; Edwards on Referees, 147, 153 ; R. S., sec. 3722. So far as we have been able to discover, this court has never before been called upon to consider, and never has considered, the question as to whether the statutory exceptions to the report of a referee are not equivalent, in such a case, to a motion for a new trial. Such…
1Opinion of the CourtBlack, J.
The defendant, Hurlstone, was elected treasurer of. Cedar county in 1878, for the term or two years, and again in 1880 for a like term. At each election he gave bond for the faithful disbursement of the school funds. This suit is prosecuted in the name of the state at the relation of the county clerk against the treasurer and the sureties on the first bond. The petition states that he was largely in default to the common-school fund, swamp-land fund, and to the various school districts, giving the amount to each, and in all making some fifty or sixty items. A like suit was instituted on the…
2Cases cited4 opinions
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- State ex rel. Howard County v. BurckharttSupreme Court of Missouri · 1884
- Long v. TowlSupreme Court of Missouri · 1867
- Collins v. SaundersSupreme Court of Missouri · 1870
3Cited by12 opinions
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- Utley v. HillSupreme Court of Missouri · 1900
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Maloney v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.