Download Ebook BookMissouri annotated Practice act; with the statutes on ejectment injunction and replevin also annotated and an introductory chapter on appeals and writs of error

[Free PDF.8mSX] Missouri annotated Practice act; with the statutes on ejectment injunction and replevin also annotated and an introductory chapter on appeals and writs of error

[Free PDF.8mSX] Missouri annotated Practice act; with the statutes on ejectment injunction and replevin also annotated and an introductory chapter on appeals and writs of error

You can download in the form of an ebook: pdf, kindle ebook, ms word here and more softfile type. [Free PDF.8mSX] Missouri annotated Practice act; with the statutes on ejectment injunction and replevin also annotated and an introductory chapter on appeals and writs of error, this is a great books that I think are not only fun to read but also very educational.
Book Details :
Published on: 2012-05-14
Released on:
Original language: English

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ...and refer them to be tried by referees, without the written consent of the parties. Caulk v. Blythe, 55 Mo., 293. In an action at law invoving the examination of a long account, the court may properly refer the case on the motion of one, against the objection of the other party. This provision is not unconstitutional, as depriving a party of the right to trial by jury. Such power of reference had been authorized and exercised for twenty years prior to the adoption of the present constitution, which must have been framed to preserve the right of jury trial as it then existed, and not to establish a new rule on the subject. Edwardson v. Garnhart, 56 Mo., 81. Where the trial of an issue of fact required the examination of an account, but not a long account--as an attorney fee embracing eight items, aggregating S380--it was held error to refer it against the objection of one of the parties. Dooley v. Barker, 2 Mo. App., 325. See Callahan v. Shotwell, 60 Mo., 398. Where the examination of an account between the parties is not directly involved, but may become necessary, merely as incidental to the determination of an issue, the case is not one for a reference without consent. Thornton v. Life Association of America, 7 Mo. App., 544. Sec. 3607. Parties may agree npon referee--In all cases ot reference, the parties, except when an infant may he a party, may agree upon a suitable person or persons, not exceeding three; and, upon filing such agreement, the reference shall be ordered accordingly. If the parties do not agree, the court shall appoint one or more referees, not exceeding three, who shall be free from all exception. Sec. 3608. Referee to hear and determine canse without delay.--The referee or referees, appointed in pursuance of any order 10 of reference, ...
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