J. Kennard & Sons Carpet Co. v. Peck
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Tiiayer, Judge. In a proceeding at law, the report of a referee has the force and effect of a special verdict. The court cannot disregard it and re-try the case, on the evidence accompanying the report, and make a finding of its own. Prender gast v. Eyermann, 16 Mo.
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Appeal from the St. Louis Circuit Court, Amos M. Tiiayer, Judge. In a proceeding at law, the report of a referee has the force and effect of a special verdict. The court cannot disregard it and re-try the case, on the evidence accompanying the report, and make a finding of its own. Prender gast v. Eyermann, 16 Mo. App. 389. A director of a corporation has a right to get a preference over other creditors by taking the property of the corporation in payment of or as security for a debt due him. Buell v. Buclcingham, 16 Iowa 284; 19 Cent. Law Jour. 368. A director may act in the meeting of the…
1Opinion of the CourtRombauer, J.
We consider it the settled rule in this state, that in all actions wherein the constitutional right of trial by jury exists, a referee performs the functions of a jury, *345and his finding is equivalent to a jury verdict. Western Boatmen’s Benevolent Ass’n v. Kribben, 48 Mo. 37; Prendergast v. Eyermann, 16 Mo. App. 387.
The distinction, which is made by the courts, between the finding of the referee in such cases and those wherein the right of trial by jury does not exist, and wherein the. referee performs the functions of a master in chancery only, is supported by authority. Ely v. Ownby (59 Mo.…
2Cases cited3 opinions
- Western Boatmen's Benevolent Ass'n v. KribbenSupreme Court of Missouri · 1871
- Ely v. OwnbySupreme Court of Missouri · 1875
- Prendergast v. EyermannMissouri Court of Appeals · 1885
3Cited by1 opinion
- Bader v. Chicago Mill & Lumber Co.Missouri Court of Appeals · 1908