Johnston & Vance v. Wingfield

Missouri Court of Appeals

Johnston & Vance v. Wingfield

35 Mo. App. 437, 1889 Mo. App. LEXIS 192

DecidedApril 15, 1889

StatusPublished

This text of 35 Mo. App. 437 (Johnston & Vance v. Wingfield) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnston & Vance v. Wingfield, 35 Mo. App. 437, 1889 Mo. App. LEXIS 192 (Mo. Ct. App. 1889).

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Opinion

Ellison, J.

There were a number of important objections to the testimony urged before the referee which were ruled against appellants, but no exception was taken, nor was such matter brought to the attention of the circuit court, either in the objections to the referee’s report, or in the motion for new trial. The effect of this is to affirm the judgment, for, as the report of the referee is taken as the verdict of a jury, and will be sustained if there be any evidence upon which it can be based, and, there being no instructions in the case, there is nothing left for review by this court.

The judgment is therefore affirmed.

All concur.

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Ellison, J.

There were a number of important objections to the testimony urged before the referee which were ruled against appellants, but no exception was taken, nor was such matter brought to the attention of the circuit court, either in the objections to the referee’s report, or in the motion for new trial. The effect of this is to affirm the judgment, for, as the report of the referee is taken as the verdict of a jury, and will be sustained if there be any evidence upon which it can be based, and, there being no instructions in the case, there is nothing left for review by this court.

The judgment is therefore affirmed.

All concur.

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Bluebook (online)

35 Mo. App. 437, 1889 Mo. App. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-vance-v-wingfield-moctapp-1889.