Caruth-Byrnes Hardware Co. v. Wolter
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — HoN Best. V. Altoh, Judge. (1) The finding of the referees, was equivalent to the verdict of a jury. Western, etc., v. Kribben, 48 Mo. 37; Pendergast v. Eyermann, 16 Mo. App. 389. (2) The plaintiff consented to accept the referees as substitutes for a jury, but did not so consent as to the judge. Ken-ward v. Peck, 19 Mo.
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Appeal from Laclede Circuit Court. — HoN Best. V. Altoh, Judge. (1) The finding of the referees, was equivalent to the verdict of a jury. Western, etc., v. Kribben, 48 Mo. 37; Pendergast v. Eyermann, 16 Mo. App. 389. (2) The plaintiff consented to accept the referees as substitutes for a jury, but did not so consent as to the judge. Ken-ward v. Peck, 19 Mo. App. 342. (3) The action is one at law, being' determined as to its character by the petition, and plaintiff had a constitutional right to a jury. Jocelyn v. Mamaghan, 17 Mo. App. 11; Smith v. St. Louis, 14 Mo. App. 522. (4) The only…
1Opinion of the CourtBlack, J.
This suit was commenced by attachment ; and under the writ the sheriff levied upon a stock of goods, consisting of hardware, etc., as the property of the defendant, C. P. Wolter. J. S. Lee, who had possession of the property at the date of the attachment, filed an interplea, claiming the property by virtue of two chattel mortgages made by Wolter to him to secure two notes of two thousand dollars each. To this inter-plea the plaintiff made answer, and the issues thus joined were, by consent of the parties, referred to three designated persons “to hear and determine the same, and make a finding…
2Cases cited5 opinions
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Earl v. HartSupreme Court of Missouri · 1886
- Preston v. . MorrowNew York Court of Appeals · 1876
- Daly v. TimonSupreme Court of Missouri · 1871
- Grand Lodge of the Independent Order of Odd Fellows v. MorrisonMichigan Supreme Court · 1880
3Cited by26 opinions
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- Utley v. HillSupreme Court of Missouri · 1900
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
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