Legal Opinion

Maplegreen Realty Co. v. Mississippi Valley Trust Co.

Supreme Court of Missouri

Decided November 27, 1911PublishedCited by 14 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) The action of the,circuit court in overruling defendant’s exceptions to the report of the referee is not open for review by this court because defendant did not in its motion for a new trial complain of that action of the trial court. State ex rel. v. Hurlstone, 92 Mo. 327; Arkansas Land Co. v. Ladd, 103 Mo. App. 83; Bosley v. Cook, 85 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) The action of the,circuit court in overruling defendant’s exceptions to the report of the referee is not open for review by this court because defendant did not in its motion for a new trial complain of that action of the trial court. State ex rel. v. Hurlstone, 92 Mo. 327; Arkansas Land Co. v. Ladd, 103 Mo. App. 83; Bosley v. Cook, 85 Mo. App. 422. (2) Exceptions to a referee’s report, and necessarily therefore a motion for a new trial in such cases, must specifically and definitely point out the alleged error or…

1Opinion of the CourtLamm, J.

Suit in equity for accounting; issues joined by answer and reply; a reference below; a report by the referee; exceptions by defendant overruled; and judgment for plaintiff for $8,494.86. Defendant appeals.

There is a cross-appeal by plaintiff from a judgment in favor of defendant on certain items. Such cross-appeal has been briefed, as a separate appeal. It will be convenient to preserve that method of consideration here. Accordingly, it will be determined in a separate opinion.

The bill runs on the theory that plaintiff owned “a subdivision,” known as Greenwood, part in the city and part in…

2Cases cited2 opinions

  1. Patterson v. PattersonSupreme Court of Missouri · 1906
  2. State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911

3Cited by14 opinions

  1. State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
  2. King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
  3. Polski v. City of St. LouisSupreme Court of Missouri · 1915
  4. Greer v. CarpenterSupreme Court of Missouri · 1929
  5. Sullivan v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928

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