Lingenfelder v. Wainwright Brewing Co.
Supreme Court of Missouri
Appeal from 8b. Louis City Circuit Court.— Hon. Shepard Barclay, Judge. The second amended petition upon which this cause was tried alleges that Edmund Jungenfeld “during his lifetime, to-wit, from the eighteenth day of June, Í8S3, to the twentieth day of December, 1884, at the special instance and request of the defendant (which request was made shortly before the commencement of said work, to-wit, on the sixteenth day of June, 1883), performed work and labor for said…
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Appeal from 8b. Louis City Circuit Court.— Hon. Shepard Barclay, Judge. The second amended petition upon which this cause was tried alleges that Edmund Jungenfeld “during his lifetime, to-wit, from the eighteenth day of June, Í8S3, to the twentieth day of December, 1884, at the special instance and request of the defendant (which request was made shortly before the commencement of said work, to-wit, on the sixteenth day of June, 1883), performed work and labor for said defendant as architect in forming and drawing plans and in superintending the erection for said defendant of a certain…
1Opinion of the CourtGantt, P. J.
It is not only conceded but urged by counsel on- both sides, that the finding of the referee is equivalent to a special verdict, and, where there is evidence tending to establish the facts found, the court will *590not disturb the referee’s finding. Wiggins Ferry Co. v. Railroad, 73 Mo. 389. Nor is it questioned that, ■while the referee’s findings are conclusive as to the facts, his conclusions as to the law may, if erroneous, be set aside and the law properly applied, by either the trial or appellate court. Gamble v. Gibson, 83 Mo. 290.
Upon the coming in of the referee’s report in this cause,…
2Cases cited13 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Bishop v. BusseIllinois Supreme Court · 1873
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Reynolds v. NugentIndiana Supreme Court · 1865
8 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Nicolella v. PalmerSupreme Court of Pennsylvania · 1968
- Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1927
- Linz v. SchuckCourt of Appeals of Maryland · 1907
- King v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1895
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