Berry v. Rood
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fishert Judge. (1) In an action at law tbe report of tbe referee is considered as equivalent to a special verdict by tbe jury, and in appeals in such cases the appellate court will look entirely to the ultimate facts as found by the referee, and give the judgment of the appellate court accordingly. O’Reilly v. Oleary, 8 Mo, App. 188; Gamble v. Gibson, 83 Mo. 290; Singer Mfg. Co. v. Givens, 35 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fishert Judge. (1) In an action at law tbe report of tbe referee is considered as equivalent to a special verdict by tbe jury, and in appeals in such cases the appellate court will look entirely to the ultimate facts as found by the referee, and give the judgment of the appellate court accordingly. O’Reilly v. Oleary, 8 Mo, App. 188; Gamble v. Gibson, 83 Mo. 290; Singer Mfg. Co. v. Givens, 35 Mo. App 602. There are a number of other cases in which appellants have taken appeals on cases heard by referees without taking to the appellate…
1Opinion of the CourtValliant, J.
— This appeal comes up on a copy of the judgment and of the order granting the appeal in lieu of'h full transcript, and the printed abstract filed by appellant gives what purports to be the substance of the pleadings and of some of the orders of the court, including an order of reference, the report of the referee, - the exceptions to the report, the rulings on the exceptions and the judgment. The evidence before the referee is not given. The respondents file a motion to affirm and a motion to dismiss the appeal for alleged insufficiency of the abstract and failure to comply with the rule of…
2Cases cited7 opinions
- Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886
- First National Bank v. Gustin Minerva Consolidated Mining Co.Supreme Court of Minnesota · 1890
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Shickle v. WattsSupreme Court of Missouri · 1887
- Bank of Fort Madison v. AldenSupreme Court of the United States · 1889
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3Cited by23 opinions
- Brockett v. Winkle Terra Cotta Co.Court of Appeals for the Eighth Circuit · 1936
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- Hess Warming & Ventilating Co. v. Burlington Grain Elevator Co.Supreme Court of Missouri · 1919
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- Mudge v. Black, Sheridan & WilsonCourt of Appeals for the Eighth Circuit · 1915
18 more not listed; retrieve them via the Exa API.