St. Louis National Stock Yards v. Himrod & Co.

This was an action of assumpsit, in the St. Clair circuit court, brought by Himrod & Co. against appellant. The declaration contained the common counts. The general issue was pleaded. The parties then stipulated, in writing, to refer the case to Alonzo Wilderman, as referee, to take the testimony and report his conclusion to the court. There was a stipulation that judgment should be rendered upon the report. Upon the coming in of the report, defendants excepted to the report, and moved to set it aside. This motion was overruled, and judgment rendered for the amount reported due. Before…