Trail v. Somerville
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. Referees have a lien upon their reports and may ref use to file them, and may hold them until their fees are paid by the parties. Geib v. Topping, 83 N. Y. 46; Little v. Lynch, 1 How. Pr. 95 ; Ott v. Sohroeppel, 3 Barb. 57-63; Hoffman Ref. 77.
1Opinion of the CourtThompson, J.
This cause was referred to a referee, who heard the parties, prepared his report, and submitted to the court the question of the amount of compensation to be allowed him, which the court fixed at the sum of $1,500, a part of which was paid. The referee took the position that he was entitled to withhold his report, and not file it in court until the remainder of his compensation was paid. Thereupon, on motion of the defendant, the court, under the authority conferred by section 3616, Revised Statutes, made an order upon the referee to file his report, from which order the referee has…
2Cases cited2 opinions
- Geib v. . ToppingNew York Court of Appeals · 1880
- Ott v. SchroeppelNew York Supreme Court · 1848
3Cited by6 opinions
- Aetna Insurance v. O'MalleySupreme Court of Missouri · 1938
- Schawacker v. McLaughlinSupreme Court of Missouri · 1897
- State ex rel. LaRue v. HitchcockMissouri Court of Appeals · 1913
- Turner v. ButlerMissouri Court of Appeals · 1896
- Conroy v. FrostMissouri Court of Appeals · 1889
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